- CBC represents and warrants each new product to be free from material defects in material and workmanship under normal use and maintenance for one (1) year from the date of purchase. We represent that goods offered pursuant to published specifications on this Website will materially conform to MANUFACTURER’S PUBLISHED SPECIFICATIONS published specifications. If Buyer is purchasing custom goods, we warrant that the goods will materially conform to the specifications mutually approved by the parties.
- The Buyer’s sole and exclusive remedy for Product(s) that are determined to contain material defects shall be replacement of the defective Product(s). Our sole obligation under this warranty shall be limited to replacing any part of the defective Product (or the whole defective Product) which under normal and proper use and maintenance proves defective in material or workmanship.This Limited Replacement Warranty shall be void unless Buyer or End Buyer returns the defective product with written notice of all alleged defects, and with all shipping or other charges prepaid, to CBC, but in no event may that date be greater than one (1) year from delivery, and the product is found by CBC to have been properly (i) mounted or installed; (ii) lubricated; (iii) loaded and (iv) used.
- The Buyer’s sole and exclusive remedy for Product(s) that are determined to have been shipped in error shall be the return of erroneous Product and replacement with proper Product provided that Buyer must give notice of such shipping error within thirty (30) days of Buyer’s receipt of such erroneous Product(s).
- This warranty does not apply in respect of damage to any product or accessory or attachment thereof caused by overloading or other misuse, neglect or accident, nor does this warranty apply to any product or accessary or attachment thereof which has been repaired or altered in anyway which, in our sole judgment, affects the performance, stability or general purpose for which it was manufactured. In no event shall CBC have any liability whatsoever for a product that was: improperly (i) mounted or installed; (ii) lubricated; (iii) loaded; or (iv) used, including any use that was not in strict compliance with the manufacturer’s specifications.
- Except for this Limited Replacement Warranty described above, CBC MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED BY LAW, IN CONNECTION WITH THE PRODUCT(S). CBC EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- CBC EXPRESSLY DISCLAIMS WITHOUT LIMITATION, LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH THE PRODUCT, WHETHER BASED ON FRAUD (BOTH STATUTORY AND COMMON LAW), NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT, BREACH OF CONTRACT, OR ANY OTHER CAUSE OF ACTION.
- IN NO EVENT SHALL CBC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOST PROFITS), SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR FOR ANY ATTORNEY’S FEES, COSTS OR INTERESTS OF ANY KIND.
- BUYER AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS LIMITED REPLACEMENT WARRANTY SHALL BE SETTLED BY ARBITRATION, USING A SINGLE ARBITRATOR, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, APPLYING NEW JERSEY SUBSTANTIVE AND PROCEDURAL LAW WITHOUT REGARD TO CONFLICTS OF LAWS RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL BE HELD IN OR NEAR NEWARK.
- ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THIS LIMITED REPLACEMENT WARRANTY SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES.