Baldor 5HP Motor – Single Phase

WARRANTIES, LIMITATIONS OF LIABILITY AND DISCLAIMER.

Seller warrants to the Buyer that its motors, gear reducers, gear motors, gearboxes, DC controllers, and AC drives are free from defects in workmanship and materials when operated under normal conditions and in accordance with nameplate characteristic limits. This warranty shall be in effect for a period of 12 months from date of installation, but in no event be in effect for more than 18 months from date of manufacture, with the following exceptions:

EPACT motors (“G” prefix), which are warranted for a period of 24 months from date of installation but for not more than 30 months from date of manufacture,

Wattsaver Premium Efficiency three phase motors and Speedmaster Inverter-Duty motors are warranted for a period of 36 months from the date of installation but for not more than 42 months from the date of manufacture,

Motor brakes provided as coupler brakes, brake kits, or as part of brake motors are covered by the manufacturers (Stearns or Dings) warranties. Certain Goods are warranted for different periods of time under specific conditions. Buyer must consult the current product catalog or internet site to confirm this warranty period.

Seller’s sole obligation under the foregoing warranties is limited to either, at Seller’s option, replacing or repairing defective Goods (or defective parts thereof) within the warranty period. Seller shall not be liable under any circumstances, for consequential or incidental damages, including, but not limited to personal injury or labor costs. This warranty does not cover the cost of removal, installation, or re-testing of the new or repaired Goods or parts, or any other direct or incidental expenses incurred in shipping the Goods to or from Seller. Replacement Goods or parts are warranted for the remainder of the warranty period applicable to the Goods originally supplied by Seller. All claims for allegedly defective Goods must be made within 10 days after Buyer learns of such alleged defects. All claims not made in writing and received by Seller within such 10-day period shall be deemed waived. With prior approval from Seller, Buyer shall return a sample of the alleged defective part, freight prepaid, for Seller’s inspection, and no other Goods shall be returned to Seller’s District Office/Warehouse, nearest factory, or Authorized Service Center without Seller’s written consent. This warranty shall not extend to Goods subjected to misuse, abuse, neglect, accident or improper installation or maintenance, incorrect lubrication, incorrect electrical connection, improper power supply, or Goods which have been altered or repaired by anyone other than Seller or its authorized representative.

Under no circumstances will Seller be responsible for any expense in connection with any repairs made by anyone other than Seller or an Authorized Service Center, unless such repairs have been specifically authorized in writing by the Seller Service and Warranty Department.

In the case of motors, drives, gears and reducers manufactured or marketed by Seller,Seller warrants only that such Goods, when shipped, shall be capable of delivering the service rating as indicated in Seller’s written documents, including quotations and catalogs or as noted on such Goods, providing such Goods are properly installed, connected, and maintained, correctly lubricated, operating under normal conditions with competent supervision, and within the load limits and voltage range for which it was sold, and provided further that the equipment is free from critical speed, torsional or other type vibration, no matter how induced.

If any prototype or sample was provided to the Buyer, it was used merely to illustrate the general type and quality of Goods and not to warrant that Goods shipped would be of that type or quality.

UNLESS AUTHORIZED IN WRITING BY A CORPORATE OFFICER OR VICE PRESIDENT, NO AGENT, EMPLOYEE OR REPRESENTATIVE OF SELLER HAS ANY AUTHORITY TO BIND SELLER TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY CONCERNING THE GOODS SOLD UNDER THE SALES CONTRACT AND ANY SUCH AFFIRMATION, REPRESENTATION OR WARRANTY HAS NOT FORMED A PART OF THE BASIS OF THE BARGAIN AND SHALL BE UNENFORCEABLE.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED.

Products not manufactured and work not performed by Seller are warranted only to the extent and in the manner that the same are warranted to Seller by Seller’s vendors, and then only to the extent that Seller is reasonably able to enforce such warranty. In enforcing such warranty, it is understood Seller shall have no obligation to initiate litigation unless Buyer undertakes to pay all costs and expenses therefor, including but not limited to reasonable attorney’s fees, and indemnifies Seller against any liability to Seller’s vendors arising out of such litigation.

THE FOREGOING IS SELLER’S ONLY OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. BUYER’S FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR DAMAGES OR OTHER RELIEF INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON LATENT DEFECTS. EVEN IF THE REPAIR OR REPLACEMENT REMEDY SHALL BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE UNDER SECTION 2-719 OF THE UNIFORM COMMERCIAL CODE, SELLER SHALL HAVE NO LIABILITY TO BUYER FOR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS, LOST REVENUE, DAMAGE TO OTHER EQUIPMENT OR LIABILITY OR INJURY TO A THIRD PARTY.IN NO EVENT SHALL BUYER BE ENTITLED TO INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, NOR SHALL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE OF THE GOODS. ANY ACTION ARISING HEREUNDER OR RELATED HERETO MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS OR IT SHALL BE BARRED, NOTWITHSTANDING ANY STATUTORY PERIOD OF LIMITATIONS TO THE CONTRARY.

In the event of the resale of any of the Goods, in whatever form, Buyer will include the following language in a conspicuous place and in a conspicuous manner in a written agreement covering such resale: “THE MANUFACTURER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GOODS SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT ALONE HAS DETERMINED THAT THE GOODS PURCHASED HEREUNDER WILL SUITABLY MEET THE REQUIREMENTS OF THEIR INTENDED USE. IN NO EVENT WILL MANUFACTURER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES.”

Nuclear Use Disclaimer – Goods sold by Seller are not intended for use in connection with any nuclear facility or activity. If so used, Seller disclaims all liability for any nuclear damage, injury or contamination, and Buyer shall indemnify and hold Seller, its officers, agents, employees, successors, assigns and customers harmless from and against any and all losses, damages or expenses of whatever form or nature (including attorneys fees and other costs of defending any action) which they or any of them may sustain or incur, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise, by reason of such use.