44 Statement of Warranty (Clone)
Limited warranty certificate for all SYIL CNC machine tools and accessories.
NINGBO SYIL CNC MACHINE TOOLS CO., LTD
Valid from January 1, 2024
NINGBO SYIL CNC MACHINE TOOLS CO., LTD (“SYIL” or “Manufacturer”) provides a limited warranty on all new milling, turning and grinding machines (collectively, “CNC Machines”) and their components (except as set forth below under "Warranty Limitations and Exclusions") (“Components”) sold by SYIL or its authorized distributors as set forth in this Certificate. The warranty set forth in this Certificate is a limited warranty, is the manufacturer's sole warranty, and is subject to the terms and conditions of this Certificate.
Limited warranty coverage
Each CNC machine and its components (collectively “SYIL Products”) are warranted by SYIL and its representatives against defects in materials and workmanship. This warranty applies only to the end user of the CNC Machine (a "Customer")
“Customer”). The duration of this limited warranty is TWO YEARS (2). The warranty period begins on the date the CNC Machine is installed at the Customer’s premises if purchased through a local vendor, or within one month of shipment if purchased directly from SYIL.
Extended warranty is only offered by SYIL representatives in local markets.
Repair or replacement only
The manufacturer’s sole liability and the customer’s exclusive remedy under this warranty with respect to any SYIL product shall be limited to repair or replacement of the defective SYIL product at the manufacturer's option.
Warranty disclaimer
This warranty is the sole and exclusive warranty of the manufacturer and is in lieu of all other warranties of any kind, express or implied, written or oral, including, but not limited to, any implied warranty of merchantability, any implied warranty of fitness for a particular purpose, or any other warranty of quality or performance or non-infringement. The manufacturer hereby disclaims and the customer hereby waives all other warranties of any kind.
Limits and exclusions of the warranty
Components subject to wear and tear under normal use and over time, including, but not limited to, paint, window coating and condition, light bulbs, gaskets, wipers, seals, chip removal system (e.g. augers, chip chutes), belts, filters, door rollers, tool change fingers, etc., are excluded from this warranty.
To maintain this warranty, the maintenance procedures specified by the manufacturer must be followed and recorded. This warranty is void if the manufacturer determines that (i) a SYIL product has been improperly handled, misused, abused, neglected, accidentally damaged, improperly installed, improperly maintained, improperly stored, or improperly operated or applied, including the use of improper coolants or other fluids, (ii) a SYIL product has been improperly repaired, or (ii) a SYIL product has been improperly repaired or maintained by the customer, an unauthorized service technician or any other unauthorized person, (iii) the customer or any other person makes or attempts to make modifications to a SYIL product without prior written authorization from the manufacturer, and/or (iv) a SYIL product has been used for non-commercial purposes (e.g., personal or household use). This warranty does not cover damage or defects due to external influences or things beyond the manufacturer's control, including but not limited to theft, vandalism, fire, weather conditions (such as rain, flood, wind, lightning or earthquake) or acts of war or terrorism serviced by Customer, an unauthorized service technician, or other unauthorized person, (iii) Customer or any person makes or attempts to make any modification to any SYIL Product without the prior written authorization of Manufacturer, and/or (iv) any SYIL Product was used for any non-commercial use (such as personal or household use). This warranty does not cover damage or defect due to an external influence or matters beyond the reasonable control of Manufacturer, including, but not limited to, theft, vandalism, fire, weather condition (such as rain, flood, wind, lightning, or earthquake), or acts of war or terrorism.
Without limiting the generality of the exclusions or limitations described in this certificate, this warranty does not include any warranty that a SYIL product will meet the production specifications or other requirements of any person or that the operation of a SYIL product will be uninterrupted or error-free. The manufacturer assumes no responsibility for the use of any SYIL product by any person, and the manufacturer shall not be liable to any person for any defect in the design, production, operation, performance or otherwise of any SYIL product, except for the repair or replacement thereof as set forth in the warranty above.
Limitation of liability and compensation
Manufacturer shall not be liable to Customer or any other person for any compensatory, incidental, consequential, punitive, special or other damages or claims arising out of or relating to any SYIL product, other products or services of Manufacturer or any authorized dealer, service technician or other authorized representative of Manufacturer (collectively, “Authorized Representative"), or the failure of any part or product manufactured using a SYIL product, even if the manufacturer or authorized representative has been advised of the possibility of such damages, which damages or claims shall include, but not be limited to, loss of profits, loss of data, loss of product, loss of revenue, loss of use, cost of downtime, business goodwill, damage to equipment, premises or other property of any person, and damages that may be caused by a malfunction of a SYIL product. All such damages and claims are denied by the manufacturer and waived by the customer. Manufacturer’s sole liability and Customer’s exclusive remedy for damages and claims of any kind shall be limited to repair or replacement of the defective SYIL product, at Manufacturer's option, as provided in this warranty.
The customer has accepted the limitations and restrictions set forth in this certificate, including but not limited to the limitation of its right to claim damages, as part of its agreement with the manufacturer or its authorized representative. Customer understands and acknowledges that the price of SYIL products would be higher if the manufacturer had to be responsible for damages and claims beyond the scope of this warranty.
Entire agreement
This Certificate supersedes all other oral or written agreements, promises, representations or warranties between the parties or the Manufacturer with respect to the subject matter of this Certificate and contains all agreements and understandings between the parties or the Manufacturer with respect to such subject matter.
Manufacturer hereby expressly disclaims all other agreements, promises, representations or warranties, oral or written, which are in addition to or inconsistent with the provisions of this Certificate. None of the terms and conditions set forth in this Certificate may be modified or amended except by a written agreement signed by both Manufacturer and Customer. Notwithstanding the foregoing, the manufacturer will honour an extended warranty only to the extent that it extends the applicable warranty period.
Transferability
This warranty is transferable by the original customer to another party if the CNC machine is sold in a private sale prior to the expiration of the warranty period, provided written notice is given to the manufacturer and this warranty is not voided at the time of transfer. The purchaser of this warranty is subject to all the terms and conditions of this certificate.
Miscellaneous
This warranty is governed by the laws of the People's Republic of China.