McCue Limited Warranty & Purchase Terms
Limited Warranty.我们站在我们提供的每种产品。我们的产品有必要没有材料和做工的重大缺陷，并在一（1）年内符合销售期限的产品规格。保修适用于原始购买者和/或任何后续所有者（无论哪种情况，“买方”）。不包括涂料，涂料和可更换的盖子以及由于正常的磨损，划痕，擦伤以及滥用或滥用而造成的所有损坏。有限的保修不涵盖由于产品的设计和保证，因此由于产品或其他撞击而导致的损坏。保修空白，买家无法观察到有关运输，存储，处理，装配，安装和/或所需维护的适用McCue说明。如本文所述或购买时提供的其他特定规格和保修限制。
EXCLUSIVE REMEDY.这项有限的保修包含麦考产品缺陷和/或失败的独家补救措施。在保修期内，关于任何据称有缺陷的商品：买方应在发现的二十四（24）小时内以书面形式通知麦考（在适用保修期到期之前）。买方应与McCue（如果需要）完全合作，并使产品可用于检查和测试。If McCue’s inspection and testing reveals, to its satisfaction, that the product has failed to meet the specifications or has a material defect in material or workmanship such failure has not been caused or contributed to by any of the factors described in the above Warranty Limitations, McCue shall, at its option, repair, replace, or provide a credit or refund for the purchase price of such defective product. THIS IS BUYER’S SOLE AND EXCLUSIVE REMEDY AND MCCUE’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY & PURCHASE TERMS.
DISCLAIMER.除本文规定的明确保证外，麦考对麦考产品没有任何保证，包括对适销性的任何暗示保证或适合特定目的的保证，无论是根据法律，交易，绩效，用法，用法或使用过程，使用方式或交易或其他。买方承认，除非在此有限的保修和购买条款中提供，否则它不依赖麦考或任何其他人的任何代表或保证。
LIMITATION OF LIABILITY.MCCUE IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR REVENUES AND LIABILITY DUE TO PERSONAL INJURY ARISING OUT OF OR RELATING TO ANY BREACH OF THIS LIMITED WARRANTY & PURCHASE TERMS, EXCEPT WHERE DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY MCCUE.Product-Specific Specifications & Limitations.Where applicable, the following specifications and limitations apply: • CrashCore™ Bollards. CrashCore™ Bollards are designed and certified to ASTM F3016 standard (specifically certified for S10, S20 or S30 based on configuration). Performance subject to as-tested ground condition specifications, including materials, proctor compaction, and grading requirements. CrashCore™ Bollards not installed per required ground conditions are not considered ASTM F3016-rated. Bollard protection also depends on bollard spacing, placement, and location; Buyer should follow McCue recommendations to ensure appropriate protection. For full detailed specs, please contact your authorized representative or email us at: cservices@McCue.com. Warranty void (i) where installation is not performed by McCue or a McCue-authorized contractor; (ii) where bollard is reconstructed, repaired, or altered by anyone other than McCue or a McCue-authorized contactor; (ii) where, after installation, there is any construction, disturbance, displacement or other change to concrete or other footing surrounding the bollard; (iv) where Buyer requires deviation from McCue specifications, installation guidelines or recommendations; and (v) in the event of any vehicular impact. Important: Any vehicular impact to CrashCore™ Bollards must be reported immediately to McCue to enable inspection, repair, and/or replacement. Failure to do so will void this limited warranty. • CrashCore™Standard Working Conditions. Installation pricing and proposals for CrashCore™ Bollards are based on Scope of Work and, unless otherwise specified, assume the following standard working conditions for concrete coring and excavation: (i) bollards installed in an existing concrete slab; (ii) total thickness of existing concrete slab is no greater than 8”; (iii) temperatures above freezing and no heavy precipitation; and (iv) area to be excavated is free of any of obstructions or ground conditions including, but not limited to: water, waste, or drainage pipes (PVC, concrete, etc.); electrical conduits; concrete or asphalt; large rocks (diameter > 6”); ledge / bedrock; frozen soil; or ground water. Any deviation from these Standard Working Conditions shall constitute grounds for submission of a Change Order based on the additional time and materials required to perform the Scope of Work. • FlexCore™Guardrail +ULTRA and Crash Barrier™ +ULTRA. Systems designed and warranted to stop a max 19,000lb. forklift at a speed of up to 5 mph. Performance and limited warranty subject to installation per instructions provided by McCue. Important: Any vehicular impact or other damage must be reported immediately to McCue to enable inspection, repair, and/or replacement. Failure to do so will void this limited warranty. Disputes and Governing Law. Any dispute between McCue and Buyer arising from this Limited Warranty & Purchase Terms, or the purchase, installation, maintenance or any other issues whatsoever related to McCue products (the “Dispute”) shall be resolved by binding arbitration before the American Arbitration Association (“AAA”) and subject to the AAA’s Commercial Arbitration Rules. The parties expressly waive their right to pursue any dispute in court and before a jury. As a precondition to filing any demand before the AAA, the complaining party must first present their concerns in writing to the other party and allow for a thirty-day (30) period for the parties to attempt to resolve the matter. The Limited Warranty and Purchase Terms and any Dispute will be governed by the law of the Commonwealth of Massachusetts, without regard to conflict of law rules.