Limited Warranty

Diversified Machine Systems (DMS) warrants its equipment to be free of defects in workmanship and materials for a period of one (1) year from the date of shipment from the factory. Additionally, all other OEM’s component warranties apply and may be evaluated and prorated based on wear. Any and all claims under this warranty must be made to the Customer Service Department at Diversified Machine Systems in Colorado Springs, Colorado.

Upon receipt of a Warranty: Authorization from DMS, the equipment claimed to be defective must be returned freight prepaid by the customer to Diversified Machine Systems or charges will apply. DMS, at its sole discretion, shall either repair or replace any defective components and return the repaired equipment or direct replacement without charge to the customer. All warranty replacement parts are returned to the customer via ground freight service. Any other expedited methods of return shipment must be agreed to in advance. Expedited freight charges can be prepaid by DMS and billed to the customer or the customer can pay the freight carrier direct. Any service work not authorized by DMS resulting in a warranty claim is the responsibility of the client

Lubrication System: Regardless of the type of bearing lubrication method included with the machine, automatic or manual, the customer is responsible for routine inspection of all bearing and guide surfaces on the machine in order to insure that adequate lubrication is being applied.  Damage to machine components due to inadequate lubrication will not be covered under this warranty.

Exclusions: This warranty does not extend to equipment that has been subject to freight damages, misuse, accident, neglect, improper installation, operation or maintenance, or to equipment that has been altered or repaired by personnel other than those employed by DMS or acting at the direction of DMS. Additionally, DMS does not warranty client’s software compatibility or function with machine operation.  Removal or modification of ANY safety equipment or devices on a DMS Machine will void this warranty immediately and in its entirety. The customer must attend a setup and training course at Diversified Machine Systems, or the machine must be setup by DMS or an authorized agent for this warranty to be valid.

This warranty set forth here is the only warranty.  There are no other warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. DMS shall not be liable for special, indirect, incidental or consequential damages, including but not limited to lost profits, down time or loss of use and any cost associated with DMS diagnosing the source of system problems, under any legal theory, even if DMS was advised of the possibility of such damages.  No DMS dealer, agent of employee is authorized to make any modifications, extension or additions to this warranty. By signing this document at this time, you are acknowledging that you have received and understand the contents only.  This document will not become an order with Diversified Machine Systems until the following events occur:  1) The document is reviewed and countersigned by the DMS factory, 2) DMS received a purchase order referencing the proposal number of this document, and 3) DMS receives cleared initial deposit funding.  In the event of any inconsistency at the time of order, the following priority will apply:  1) Proposal, 2) Purchase Order, 3) Engineering change order (ECO).

WARRANTY: The sole warranty given by the Seller with respect to the Goods, and Customer’s sole remedy under this agreement, shall be the following. Subject to the Customer’s remittance to the Seller of all payments for the Goods required under the contract at the time of the discovery of the defect, the Seller, for a period of 12 months from the date of delivery of the Goods to the customer or 12 months from the date of installation, whichever occurs first, warrants its Goods to be free from defects in material and workmanship. The Seller’s obligation under this warranty is limited to repair or replacement (with new or refurbished parts) or payment of the reasonable cost of the defective part or good (machinery), in all cases, in the Seller’s sole discretion. Notwithstanding the foregoing, the warranty shall not apply after 2500 working hours of the Goods. By way of partial derivation from the warranty period, replacement spare parts and accessories installed pursuant to this warranty shall be subject to warranty for a period of ninety (90) days from installation or delivery to the customer, whichever occurs first.

Notwithstanding the foregoing, warranty repair, replacement or re-performance of a service by Seller shall not extend or renew the applicable warranty period.

WRITTEN NOTICE MUST BE DELIVERED TO THE SELLER WITHIN EIGHT (8) DAYS OF DISCOVERY OF A DEFECT FOR THE ABOVE WARRANTY TO APPLY TO SUCH GOODS, AND THE NOTICE MUST EXPLICITLY REQUEST ASSISTANCE PURSUANT TO THE WARRANTY, OTHERWISE NO WARRANTY SHALL BE APPLICABLE WITH RESPECT TO THE GOODS.

Customer shall bear the costs of access for the Seller’s remedial warranty efforts (including removal and replacement of systems, structures or other parts of buyer’s facility), de-installation, decontamination, and re-installation.

The existence of a defect shall be conclusively determined by DMS (or C.M.S. S.p.A., as applicable). Without prejudice to the foregoing, Customer shall obtain Seller’s agreement on the specifications of any tests it plans to conduct to determine (in a non-conclusive manner) whether a non-conformance or defect exists. Exchange parts shall be shipped by DMS D.D.P. (Incoterms, 2020) at Customer unless otherwise indicated in writing by Customer.

The warranty is conditioned upon (i) proper storage, installation, use, operation, and maintenance of the Goods, (ii) proper use of electricity within the acceptable range as instructed by seller in writing, (iii) the customer keeping accurate and complete records of operation and maintenance during the warranty period and providing seller access to those records, (iv) modification, repair of the Goods, or technical intervention with respect to the Goods only as authorized by the Seller in writing, (v) the installation of parts only from the Seller (or CMS S.p.A.), (vi) the Goods remaining in the original installation location (except for Seller’s prior written consent), (vii) the absence of an error(s) in the assembly or set-up or adjustments made by customer’s personnel during the installation, (vii) the absence of defects caused by anyone or anything other than the seller, (viii) the Goods being promptly turned off when problems of functioning are present, (ix) the conformity of the Goods delivered to the good identified in the contract and the suitability of the Goods for customer’s intended use, and (x) the Customer ceasing to make any further use of the Goods after giving notice of the defect, and failure to meet any such conditions renders the warranty null and void. The Seller is not responsible for normal wear and tear.

THE WARRANTIES PROVIDED IN THIS ARTICLE 17 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND GUARANTEES WHETHER WRITTEN, ORAL, IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE), OR STATUTORY. NO IMPLIED OR STATUTORY WARRANTY, OR WARRANTY OR CONDITION OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE

The Seller neither assumes nor authorizes any person to assume for it, any other liability in connection with the sale of the Goods.

Regardless of the type of bearing lubrication method included with the Machinery, automatic or manual, the Customer is responsible for routine inspection of all bearings and guide surfaces on the Machinery in order to ensure that adequate lubrication is being applied. Damage to Machinery components due to inadequate lubrication will not be covered under this warranty.

For repair or installation work of modest difficulty in the estimation of the Seller, the Customer shall provide maintenance professionals which shall follow instructions of the Seller. For relatively difficult repair or installation work in the estimation of the Seller, said work shall be carried out by the Seller and the client shall pay the travel and board and lodging costs for the Seller’s technicians after the first ninety (90) days.

The Customer may choose to pay the difference between the straight time hourly rate and the overtime hourly rate in situations it deems necessary. The Customer may request a copy of the current Seller’s service department’s hourly rates.

The Customer must install a grounding rod as close to the electrical cabinet as possible to provide an earth ground for the machine. Failure to install the grounding rod invalidates the warranty until it is installed (without prejudice to the warranty period set forth above). The Customer must supply the required voltage, as informed by Seller in writing, within a range of plus five (+5%) to minus five (-5%) percent. Without prejudice to the conditions of the warranty set forth above, failure to supply the specified voltage invalidates the warranty until the voltage is supplied in the specified range.

If Customer has not already returned defective parts, it shall return all defective parts to DMS in Colorado Springs, Colorado within two (2) weeks of receipt by the Customer of replacement parts. The Customer is responsible for returning any defective parts according to the Seller’s instructions. If a defective part is not returned, Customer will be invoiced for the cost of the replacement part. Customer agrees that it shall have no right to reject or revoke acceptance of the Goods once they have been delivered. Should the manufacturer give a warranty to the Goods, it shall not be deemed to be the warranty of the Seller.

The warranty described in this Article, including the warranty support to be provided by DMS, is applicable only to the Customer of the Seller that has paid the Seller directly for the Goods under the Contract and the warranty shall not apply to any other person. It is understood and agreed that any extensions of warranty whatsoever must be made in writing in a specific warranty certificate, and that no course of dealing or communication shall extend the warranty unless set forth in writing in a specific warranty certificate, even if the Seller elects to provide assistance or support that exceeds the period and terms of the warranty.

DMS AND CMS S.p.A. EXPRESSLY DISCLAIM ALL IMPLIED AND STATUTORY WARRANTIES, AND WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES WITH RESPECT TO THE GOODS.

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