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Limited Warranty

Description:

All parts distributed by KONE Spares (KS) are warranted to the original purchaser to be free from defects for a period of one (1) year from the date of the shipment per the KS records and subject to the published KS Warranty terms in effect and as amended from time to time.

During the term of the warranty, KS will replace any part which proves to be defective in material and/or workmanship. The replacement will be processed per the KS warranty terms. The warranty does not cover any damage due to misuse, abuse, neglect, accident, vandalism or improper installation. It does not include any damage incurred during the shipping process.

KS is not responsible and will not pay for any labor charges; damage incurred during installation, repair, or replacement; damage incurred to other related parts, injuries, loss of income, incidental and consequential damages; or any loss whatsoever connected therewith.

If KS has purchased the part from an identified manufacturer and resold it to the purchaser only, the manufacturer’s original warranty will apply.

THIS WARRANTY IS THE ONLY WARRANTY MADE BY KS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Restocking Fee:

A 35% restocking fee will be charged on all non-warranty returned goods when an RMA number is provided within 30 days of product shipment. (A 50% restocking fee will apply if RMA number is issued after 30 days from the date the product originally shipped from KONE Spares.)

In order for credit to be issued, material must be returned to KONE Spares in like-new condition, in its original packing (carton). Material must be returned within thirty (30) days from customer's receipt of the RMA number.

Terms:

The following warranty terms (hereinafter referred to as "Terms") shall apply the warranty then in effect for the parts distributed by KONE Spares. No other warranty terms shall apply unless expressly agreed by and between KONE Spares and the purchaser of the Parts ("Purchaser").

1. ENFORCEMENT OF WARRANTY

1.1 Notice The Purchaser shall notify KONE Spares in writing or verbally of any defects in the Parts, which the Purchaser has detected and requires to be corrected under this Warranty. Such notice shall be made without delay, but in any case within fourteen (14) days of detecting the defect and during the term of the Warranty. The notice shall contain a description of the defect and a description of the probable cause of it.

1.2 Remedy If, after appropriate tests and inspections by KONE Spares, the Equipment is found to have defects that fall within this Warranty, exclusive remedy shall be made, at the sole option of KONE Spares, by either repairing the defects or faults, or by supplying the respective correct parts to the Purchaser. Either KONE Spares or the Purchaser or a third party shall perform repairs, at KONE Spares' discretion.

2. PRECONDITIONS FOR WARRANTY

2.1 Handling of equipment This Warranty is given on the condition that the Equipment is in all respects erected, operated, handled, serviced and maintained properly, in accordance with KONE Spares' instructions and under normal operating conditions.

2.2 Exclusions Excluded from the Warranty are, and KONE Spares shall have no responsibility for damages of any kind as a result of one of the following events: the repair or replacement of the Part or any part thereto becomes necessary due to normal wear and tear, vandalism, accidents or negligence or otherwise without any fault of KONE Spares; the part is an exhaustible item or is listed in the spare part recommendation for the Equipment; KONE Spares has purchased the part from an identified manufacturer and resold it to the Purchaser, in respect of which the manufacturer's original warranty applies; repairs, alterations or adjustments to the Part have been performed or originated by the Purchaser or any third party without KONE Spares' prior written consent; unsuitable raw or working materials have been used when operating the Part.

3. DEFECTIVE PARTS

3.1 Transportation The Purchaser shall bear the cost and risk of transport of defective parts to KONE Spares' facility, while KONE Spares shall bear the cost and risk of transport of repaired or replacement parts to the destination stated in the Agreement.

3.2 Defective parts At KONE Spares' request, defective parts replaced in accordance with this Warranty shall be placed at the disposal of KONE Spares.

3.3 Permission to return Any defective parts shall not be returned without authorization from KONE Spares. The authorization would be a Returned Material Authorization (RMA) issued by a Sales Person at KONE Spares. This RMA number must appear on the outside of the equipment and or carton being returned.

4. PAYMENTS DUE BY THE PURCHASER

4.1 Monies Due Any monies due to be paid by the Purchaser to KONE Spares shall be paid in full, and KONE Spares shall credit the Purchaser for any warranty claims separately, if necessary.

4.2 Deductions Should the Purchaser make any deductions, KONE Spares shall forthwith be discharged from the performance of its obligations under this Warranty until the Purchaser has paid KONE Spares such deduction in full.

5. SHIPMENTS

5.1 Warranted Parts Shipments of warranted Products or parts there of can be done via air if the warranted parts weigh less than 100 lbs. or ground/ocean freight if the warranted parts exceed 100 lbs.

5.2 Determination of Ship Date The date of shipment can be noted on the packing slip enclosed in the container if the shipment is for spares shipped from KONE Spares in Moline, IL. If they are components shipped from a factory at another location the bill-of-lading for that shipment or in the case the purchaser did not receive a bill-of-lading the freight bill from the freight handler will determine the exact date of shipment.

5.3 Short Shipments Once KONE Spares is notified of a short shipment and has verified it via "Warranty Claim" KONE Spares shall at its own expense send the products that were not contained in the original shipment to the purchaser. If the short shipment parts weigh less than 100 lbs. then KONE Spares can ship the parts via airfreight. If the short shipment parts weigh over 100 lbs. then KONE Spares will use the same method of transportation used for the original shipment. If the original was ocean/ground freight, KONE Spares will pay for the ocean/ground freight equivalent only. Note: KONE Spares will not be responsible for additional duties charged for bringing a "short shipment" or "warranted item" into any country. In addition, KONE Spares shall not pay the import duties and customs charges of the "short" products that were not contained in the original shipment. KONE Spares reflecting the fair market value of the short supplied item will issue a "No Charge" commercial invoice.

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