Conditions of Sale & Limited Warranty - Notice to customers. Please read carefully:
These terms and conditions contain disclaimers of warranties and strict limitation of liability and remedies.
Manufacturer warrants to the original wholesaler or OEM purchaser and/or to the original retail purchaser only that the goods, equipment or merchandise described herein will be free from defects in material and workmanship for a period of twelve (12) months from date of manufacturers shipment. Should the goods, equipment or merchandise prove defective within twelve (12) month period. Skookum will, at its option, repair or replace the same when returned to its plant, charges prepaid. lf Skookum is given written notice of any such claimed defect promptly and is submitted, freight prepaid, within such twelve (12) month period for examination. Repair and/or replacement at the option of Skookum shall be the sole and exclusive remedy of the buyer for breach of the above express warranty.
Except as expressly set forth herein, Skookum makes no warranty either express or implied, that the goods, equipment, or merchandise shall be merchantable or if for any particular purpose or use, nor does it make any other warranty, express, or implied statutory. Skookum shall have no liability for incident consequential, special, general or other damages arising from the use of its product including, but not limited to: failure of the goods, equipment, or merchandise to perform any general or particular function or purpose whether such damage or failure is due to mistake or deficiency in any design, formula, plan specification, advertising material, printed instructions, defective materials, defective or improper assembly or otherwise; the sole liability of Skookum being to repair or replace, at its option, defects in material or workmanship as stated in the preceding paragraph. Skookum shall not have any responsibility or liability for damage in shipment, during assembly, installation, erection, or that arising from accidents, abuse or improper operation of the goods, equipment or merchandise.
These terms and conditions shall supersede and, in case of conflict, shall have control over any other terms or provisions in any oral or written purchase order or other document pertaining to the goods, equipment or merchandise described herein, including any negotiations between parties or as suggested by any product catalog or descriptive literature. Nor does any distributor, dealer. franchisee, independent sales representative or other person, firm or corporation have authority to assume any other obligations or liability on behalf of Skookum, or to waive, modify or change these terms and conditions. We agree, in performing the work required by any purchase order, not to discriminate against any worker because of race, creed, color, sex or national origin.
ln the event of stoppage or partial stoppage of our plants or shipments of the items ordered by the customer due to causes beyond our control (such as, but not limited to: strikes, differences with workmen, fires, floods, accidents, scarcity of labor, materials, power, fuel or transportation, difficulties, war-whether in this country or abroad, government regulations, orders or proclamations, laws, acts of public enemies, mobs or rioters, or acts of God) deliveries hereunder may be suspended or partially suspended, during the continuance of such interruption.
Warranty Disclaimer: The Warranty, whether expressed or implied, shall be void if parts are altered or repaired by other than Skookum, or by their approved agent. Approval shall be in writing and required before alterations or repairs are done.
By acceptance of our sales order acknowledgment copy you accept all the terms and provisions heretofore set forth and agree that the delivery of the merchandise described in said order shall be subject to no other terms and conditions whatsoever unless additional terms are made the subject of negotiation and are covered by separate written acceptance by us.
Receipt of acknowledgment by you without written objection to us within thirty days from the date of receipt of the merchandise described in said order shall constitute an acceptance by you of the terms hereof and an agreement that the delivery of the merchandise described in said order is subject to no other terms than those stated in this acceptance.
The provisions of the instrument shall be construed in accordance with, and the rights and liabilities of both the manufacturer and purchaser shall be controlled by the laws of the state of Oregon, USA, in force as of the date of shipment by the manufacturer.