Hydraulics warranty and returns

“Out of Warranty Eaton Products,” as used herein, means Eaton manufactured hydraulic pumps, cylinders, or other Eaton manufactured products that are repaired or remanufactured by Eaton outside of the original warranty period applicable to such products as specified in Appendix A.

“Third Party Cylinders,” as used herein, means competitive third party manufactured cylinders that are repaired or remanufactured by Eaton.

Eaton warrants to the original purchaser of Eaton’s services to repair or remanufacture Out of Warranty Eaton Products and Third Party Cylinders that services will be performed in accordance with generally accepted professional standards so that following repair or remanufacture (a) all Out of Warranty Eaton Products (including cylinders), except for pumps, and Third Party Cylinders will be free from failure due to defects in materials provided as part of this service and workmanship provided as part of this service for a period of one (1) year after the completion date ofservices by Eaton, and (b) Out of Warranty Eaton Products that are pumps will be free from failure due to defects in materials provided as part of this service and workmanship provided as part of this service for a period of two (2) years after the completion date of services byEaton.

If buyer claims that the services performed by Eaton violate this Limited Warranty, Eaton, upon notice promptly given, will either examine the pump or cylinder product at buyer’s site, or issue shipping instructions for return to Eaton at buyer’s expense, transportation charges prepaid.

Eaton’s sole obligation under this Limited Warranty shall be, at its option, to either (a) repair or replace defective materials provided as part of this service and correct defective workmanship provided as part of this service, or (b) refund the price paid by the buyer for that portion of the services by Eaton which is proved to violate this Limited Warranty.

This warranty does not coverreimbursement forlabor, gaining access, removal, installation, temporary power or equipment, or any other expenses, which may be incurred in connection with repair or replacement.

Eaton’s obligation under this Limited Warranty is conditioned upon receipt of all payments due from buyer and prompt written notice of buyer’s warranty claim. 

In no event, whether based on contract, indemnity, warranty, tort (including negligence), strict liability, or otherwise, shall Eaton be liable to the buyer for special, indirect, incidental or consequential damages whatsoeverincluding, withoutlimitation,lossofprofitorrevenue.THISLIMITED WARRANTY IS THE BUYER’S EXCLUSIVE REMEDY AND EATON HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

In no event shall Eaton’s total cumulative liability arising from, connected with, resulting from, or related to this Limited Warranty, or the repair or remanufacture services provided by Eaton, whether claims are based in contract, indemnity, warranty, tort (including negligence or strict liability), or otherwise, exceed the price paid by the buyer for the services on which such liability is based. The foregoing shall constitute the sole remedy of the buyer and the sole liability of Eaton.

This Limited Warranty shall not apply to any product or component thereof which has been repaired or altered by anyone otherthan Eaton authorized personnel in anymanner so as, in Eaton’s sole judgment, to affect its serviceability, or to any product that has been subject to alteration, accident, misuse, abuse, neglect, or normal wear.

This Limited Warranty shall not apply to products which have been assembled or installed or used in a manner contrary to Eaton’s printed instructions, or due to failure to follow Eaton’s printed instructions for operation and maintenance.

Any technical assistance provided by Eaton’s personnel or representatives in system design is construed to be a proposal and not a recommendation. The responsibility for determining feasibility rests with the user and should be subject to test. Only the terms expressed in this Limited Warranty shall apply and no distributor, corporation or individual is authorized to amend, modify or extend this Limited Warranty in any way on resale.