- “Magister Hydraulics” includes Magister LLC, parent companies or affiliates thereof.
- “Purchase Order” includes documents titled “Purchase Order” and any other affirmation of order request including signed drawing, web order, email order, letter or telephone confirmation.
- “Customer” shall mean the named customer on any Purchase Order or master supply agreement for any Product.
- “Products” shall refer to all hydraulic components manufactured or distributed by Magister Hydraulics and all other goods purchased by Magister Hydraulics for resale and all services provided by Magister Hydraulics in connection with any Products.
7. LIMITED WARRANTY
- Unless otherwise specified, Magister Hydraulics warrants Products manufactured by Magister Hydraulics for a period of one (2) two years from the date of purchase against operational failure, solely to the extent caused by defective materials or workmanship, provided that (a) such failure occurs during use of the Product in conformance with the Product Specifications provided by Magister Hydraulics, and (b) there has been no disassembly, damage during shipment or by abuse, misuse, misapplication, maintenance, alteration or improper installation, maintenance or repair of the Product. Warranty coverage is conditioned upon Customer (a) advising Magister Hydraulics in writing of the warranty claim, within fifteen (15) days of the alleged operational failure, (b) complying with all applicable procedures and instructions from Magister Hydraulics regarding the return of Product, (c) providing to Magister Hydraulics a complete written report of the circumstances of the claimed operational failure of the Product, and (d) providing Magister Hydraulics a reasonable time to inspect the Product and investigate the claim. Bent rod is not covered by Magister Hydraulics warranty!
- Magister Hydraulics’ only obligation under this Limited Warranty shall only be as follows. If Magister Hydraulics determines, in its sole judgment, that an operational failure has occurred in a Product manufactured by Magister Hydraulics, that the Product was being used properly, and that the operational failure was caused solely by defective materials or workmanship, Magister Hydraulics will, at its sole option, either refund the price paid by Customer for the Product, or, replace the Product or part and pay any shipping charges incurred as a result thereof, lowest round-trip transportation charges from Magister Hydraulics’ Customer’s location to designated Magister Hydraulics location and return. An inspection fee, plus shipping and handling, will apply for all returns not due to a manufacturing defect.
- Magister Hydraulics does not warrant, or provide engineering advice as to, the suitability of any Product for Customer’s application or use. Customer is solely responsible for determining whether any Product meets Customer’s needs and for compliance with all applicable laws, ordinances, regulations, rules and standards relating to the installation, maintenance and use of the products.
- THE FOREGOING CONSTITUTES THE EXCLUSIVE REMEDY OF CUSTOMER AND THE EXCLUSIVE LIABILITY OF MAGISTER HYDRAULICS. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS SPECIFICALLY EXCLUDED AND DISCLAIMED AND SHALL NOT APPLY UNDER ANY CIRCUMSTANCES. THE SALE OF MAGISTER HYDRAULICS PRODUCTS UNDER ANY OTHER WARRANTY OR GUARANTY IS NOT AUTHORIZED.
- Many Products sold by Magister Hydraulics are manufactured by third parties and are warranted by their manufacturers. Any third party warranty for any item in Magister Hydraulics’ printed catalog or web site may be obtained from: Magister Hydraulics, 175 Christie Street, Newark, NJ 07105 USA.
- ANY PRODUCT SOLD BY MAGISTER HYDRAULICS THAT IS NOT MANUFACTURED BY MAGISTER HYDRAULICS SHALL BE SOLD “AS-IS” AND “WITH ALL FAULTS”. AS TO ANY SUCH PRODUCT, MAGISTER HYDRAULICS EXCLUDES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MEASURE OF SERVICE OR SUITABILITY.
8. LIMITATION OF LIABILITY
9. INTELLECTUAL PROPERTY
11. NO WAIVER
Customer agrees to indemnify, defend and hold Magister Hydraulics harmless from and against any losses, costs, expenses (including, without limitation, attorney’s fees and expenses, paralegal fees, expert witness fees, and other costs of litigation), demands, claims, liabilities, causes of action or damages of any kind or character, arising out of or in any manner relating to:
(a) any misuse, alteration, modification or misapplication of any Product(s) or use of any Product(s) other than in accordance with Magister Hydraulics’ instructions and specifications; (b) any violation of any federal, state or local laws, rules or regulations; or (c) any breach of any of the Terms and Conditions set forth herein or other default under any Customer agreement with Magister Hydraulics.