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Limit of Liability

Nye Manufacturing Ltd.

Liability Terms and Conditions of Sale

Acceptance of terms - By purchasing and/or accepting delivery of any product supplied by Nye Manufacturing Ltd. (Nye) the owner indicates total agreement with and full, unreserved acceptance of the Nye Manufacturing Ltd. Liability Terms and Conditions of Sale.  These terms and conditions must be accepted prior to any use of the product.  Terms or conditions contained in any other form which are inconsistent with, or in addition to, these Terms and Conditions are rejected, objected to and shall be deemed void and of no force or effect.

Understanding the product - All new Nye products, repairs and modifications to existing equipment such as arm and boom alterations, are non-consumer products, designed and manufactured to the owner’s specifications.  Many Nye products alter the weight and balance and enable the operator to apply an increased tipping moment and other unusual forces to the base machine.  Operator skill, techniques and other factors including jobsite conditions and properties of the material being processed may affect the nature and magnitude of these forces which could cause adverse effects and in some cases could result in damage to the product and/or the base machine’s mechanical or hydraulic systems including catastrophic failure or machine upset, resulting in damage to property injury or death.

Owner’s responsibility to test and approve - Nye does not test its products for safety or function, or develop comprehensive operating procedures or capacity ratings.  Owner’s manuals and warning labels are provided only as a guide and their use must be approved by the owner. It is the owner’s sole responsibility to provide operating procedures, lifting charts, capacity ratings and any engineering approvals as may be required and to ensure compliance with O.H.S.A. and/or any other local regulatory bodies prior to commencing work.  The owner bears responsibility for conducting any and all engineering, tests, and other work necessary to identify and correct any hazards involved prior to using the product and to warn employees, bystanders and auxiliary personnel of any risks.  Prior to use, the owner shall assume sole responsibility and risk for testing the product and determining its capacity, fitness and suitability for the intended application. The owner shall determine the appropriate and safe method of use of the product and must evaluate and determine the need for extra counterweights, modifications and/or corrections that may be required.  Neither the seller nor the manufacturer shall be liable for any injury, loss or damage, direct or consequential, arising out of the testing, use, misuse or inability to use any Nye product.

Remedy if not approved - Any owner who - prior to use - does not approve of or otherwise determines a new Nye product to be un-fit, not as advertised, not per their specifications or otherwise unsuitable shall immediately contact our office for resolution / rectification, exchange or refund at Nye’s sole discretion.

Rev. April 14, 2014

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Limited Warranty

Nye Manufacturing Ltd.

Limited Warranty

Nye Manufacturing Ltd. (Nye) warrants its new products to be free from defects in material and workmanship under normal use and service to the original purchaser for a maximum of two (2) years from date of delivery or 2,000 hours of service. Nye’s obligation and liability under this warranty is expressly limited to the repair or replacement of (with costs limited to the original purchase price) any product which in Nye’s sole judgement, is defective in material or workmanship. The foregoing is the sole and exclusive remedy for breach of any warranty by Nye with respect to Nye goods. Defective goods must be returned to Nye’s Mississauga plant within 60 days of discovery of the defect with transportation charges prepaid.

This warranty does not apply to products that Nye deems to have been subjected to misuse, abuse, neglect, accident, improper installation or items exhibiting normal wear and tear. Products manufactured by a third party are covered only by such warranties as extended to Nye by the original supplier.

This warranty is in lieu of all other warranties expressed or implied including, any implied warranties of merchantability or fitness for any particular purpose. Any implied warranties including warranty of merchantability and/or fitness for a particular purpose are hereby disclaimed. Nye also expressly disclaims any warranties pursuant to Article 35(2) of the United Nations Convention on Contracts for the International Sale of Goods.

Nye shall in no event be liable beyond the furnishing of replacement parts or repairs, whether due to breach of warranty, negligence, strict liability or otherwise. Nye shall not be liable for any; injury, loss, damage, delay or expense, direct or consequential, including loss of; use, income, profit, production or increased cost of operation or spoilage or damage to material arising in connection with the sale, installation, test, use, inability to use or the repair or replacement of any Nye product.

As a condition of sale and prior to any use, the owner shall unreservedly accept and agree with the Nye Manufacturing Ltd. Liability Terms and Conditions of Sale which constitutes part of this warranty and shall determine the suitability and fitness of each Nye product for their intended application. The owner assumes all risk and liability in the testing and use of Nye products. Improper use or application of the product or the substitution of parts or alteration or repair by a third party not pre-approved by Nye shall, at Nye’s sole discretion, void this warranty.

Nye does not guarantee that its products will not infringe the claims of any patents covering the product itself or the use thereof in combination with other products or in the operation of any process.

No agent, salesman, dealer, or other party is authorized to modify or add to the terms of this warranty either orally or in writing and no attempt, effort or promise to repair our product whether by Nye or any representative at any time shall change or extend this warranty in any way.

Rev. April 15, 2014