Extracted from ITW GSE Terms and Conditions of Sale
Dated 28 April 2015:
(complete version available for download below)
§ 7. Warranty. ITW warrants that it will convey the Products free and clear of all liens, security interests and encumbrances created by, through or under ITW. ITW further warrants that for the applicable Warranty Period (defined below), under normal use and given proper installation and maintenance as determined by ITW, the Products:
(a) will conform to mutually agreed upon written specifications or other descriptions; and
(b) will be free from substantial defects in material and workmanship.
The Warranty Period starts at the date of shipment and continues for the period listed below:
- Engine drive GPU (other than engine and generator subassemblies): 24 months.
- Engine: 12 months (regardless of number of engine running hours) OR 24 months for engines with 2,000 running hours or less, whichever comes first.
- Generator: 36 months.
- Line powered GPU equipment: 24 months.
- Line powered PCA equipment: 12 months.
- J&B Aviation accessories: 6 months.
- Equipment-related spare parts: 6 months.
- Replacements parts: The remainder of the original warranty period.
In the event of a breach of the warranties set forth above (the “Warranties”), ITW’s sole liability and Purchaser’s sole remedy will be (at ITW’s option), for ITW to repair, replace or credit Purchaser’s account for, any Product that fails to conform to the Warranties, provided that
(i) during the Warranty Period ITW is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies;
(ii) ITW is given a reasonable opportunity to investigate all claims; and
(iii) ITW’s examination of such Product confirms the alleged deficiencies and that the deficiencies were not caused by accident, misuse, neglect, improper installment, unauthorized alteration or repair or improper testing. No Products may be returned to ITW until inspection and approval by ITW.
The Warranty against defects does not apply to:
(1) consumable components or ordinary wear items; or
(2) use of the Products with equipment, components or parts not specified or supplied by ITW or contemplated under the Product documentation.
EXCEPT AS SET FORTH ABOVE, ITW MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).