Worldwide Limited Professional Customer Warranty
COVERAGE. HARKEN® warrants that each HARKEN product, when properly used and maintained, will be free from defects in material and workmanship from the date of receipt of the product by the final customer.
THE LIMITED PROFESSIONAL CUSTOMER WARRANTY. This limited warranty applies to all Harken products purchased for final use by or on behalf of any entity other than a private individual (such as by corporations, partnerships, etc.)
The Owner’s sole and exclusive remedy under this limited PROFESSIONAL CUSTOMER WARRANTY for original defects in materials or workmanship of a HARKEN product shall be the repair or replacement, in HARKEN’s sole discretion, of the defective part or component, in accordance with the terms of this warranty.
WARRANTOR. For products originally sold in the Unites States, the limited warranty for the products is supplied by HARKEN, INC.. For products originally sold in the European Union, the limited warranty for the products is supplied by the dealer who sold the product through the Harken Distributors in that country. For products originally sold in the rest of the World, the limited warranty for the products is supplied directly by the Harken Distributors in that country. When “HARKEN” is mentioned throughout this Limited Warranty, it refers to the entity as defined in this paragraph.
OWNER – NON-TRANSFERABLE WARRANTY. This warranty is made by HARKEN with only the original purchaser of the product and does not extend to any third parties. The rights of the original purchaser under this warranty may not be assigned or otherwise transferred to any third party.
WARRANTY TERM. The limited PROFESSIONAL CUSTOMER WARRANTY covers any original defects in material or workmanship manifested within 12 months of the date of receipt of the product by the final customer.
NOT COVERED. The limited PROFESSIONAL CUSTOMER WARRANTY does not apply to, nor shall HARKEN have any liability or responsibility for, damages or expenses relating to defects caused by misuse, abuse, failure to install, use, maintain or store the HARKEN product as specified in the warranty booklet, service booklet, manuals, catalogue or other literature available from HARKEN.
The limited PROFESSIONAL CUSTOMER WARRANTY does not apply to, and neither HARKEN shall have any liability or responsibility in respect of, damages or expenses relating to:
- defects in material or workmanship that did not exist when the product was first delivered;
- defects in material or workmanship that are manifested outside the warranty period;
- defects which are not reported to HARKEN within sixty (60) days of discovery;
- a product that has been altered or modified from factory specifications;
- damage or deterioration of cosmetic surface finishes, including cracking, crazing, discoloration or fading;
- accidents, misuse, abuse, abnormal use, improper use, lack of reasonable or proper maintenance or storage;
- installation, wiring, service or repairs improperly performed or replacement parts or accessories not conforming to HARKEN’s specifications;
- use exceeding the recommended and permitted limits or loads of the product and/or the product on which the product is installed;
- normal wear or deterioration occasioned by the use of the product or its exposure to the elements;
- ropes, lines, LOUPS™, buckles and webbing;
- clear coat finishes on carbon fiber;
- loss of time, loss of use, inconvenience, travel expense, costs related to procuring any substitute product, transportation costs, any incidental or consequential damages arising out of the non-use of the product, or compensation for inconvenience or loss of use while the product is being repaired or otherwise not available, or other matters not specifically covered hereunder;
- the costs to remove, disassemble or re-install the product;
- removal, storage and replacing of the product on which the product has been installed, even where this is necessary to carry out the warranty service.
The limited PROFESSIONAL CUSTOMER WARRANTY does not cover, nor shall HARKEN have any liability or responsibility in respect of, damages or expenses relating to, the following products and/or components:
- pawls and pawl springs in winches;
- components and gears in titanium;
- washers and spacers;
- winch drum grip;
- ball bearings, roller bearings, thrust bearings;
- winch handles.
PROCEDURE. In the event of a defect covered by this limited warranty, the Owner shall contact one of HARKEN’s worldwide Distributors (there is a list of them on the www.harken.com site). If the product was originally sold in European Union the Owner shall contact the dealer that sold the product. To obtain warranty service for or replacement of your HARKEN product, your specific and detailed claim must be reported to and received by HARKEN, in writing, in accordance with the terms of this warranty and within the applicable warranty period. Also provide your name, address, phone number, original sales receipt, a description of the application of the product, and an explanation of the defect and conditions under which the product was used. The Owner is responsible for all expenses associated with transporting the product to and from HARKEN or a HARKEN dealer. If the examination of the product and the warranty claim reveals that the defect is not covered by this warranty, you will be contacted and advised of the cost of repair of your product. If you accept this estimate, the product will be repaired outside of this warranty.
DAMAGES OR OTHER COSTS. Except as expressly provided by this warranty, HARKEN SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER COSTS, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT OR OTHERWISE, including but not limited to any costs, taxes, fees, levies or other expenses imposed by any location in which the product was originally sold. The foregoing statements of warranty are exclusive and in lieu of all other remedies. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.
DISCLAIMER. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, BY STATUTE OR OTHERWISE, IS HEREBY STRICTLY LIMITED TO THE TERM OF THIS WRITTEN LIMITED WARRANTY. This Agreement shall be the sole and exclusive remedy available to the Owner with respect to this product. In the event of any alleged breach of any warranty or any legal action brought by the purchaser based on alleged negligence or other tortious conduct by HARKEN, the Owner’s sole and exclusive remedy will be repair or replacement of defective materials as stated above. No dealer and no other agent of HARKEN is authorized to modify, extend or enlarge this warranty.
APPLICABLE LAW. This warranty is governed by the laws of the State of Wisconsin for all products originally sold outside European Union. This warranty is governed by the laws of the Member State of the European Union where the product was originally sold. The exclusive jurisdiction and venue for any court action commenced by you under or relating to this limited warranty or any implied warranty(ies) shall be decided in the Courts of Waukesha County, Wisconsin or in the competent European Union State Member Court if the product was originally sold in European Union. In the event HARKEN prevails in any court action, the claimant shall reimburse HARKEN for the expenses, including attorney fees and expenses of litigation, reasonably incurred by HARKEN in defending against such claim.
OTHER RIGHTS. Claimant’s acceptance of delivery of the warranted HARKEN product constitutes acceptance of the terms of this limited warranty. This warranty gives specific legal rights, and claimant may also have other rights under the laws of the jurisdiction involved.
ENTIRE AGREEMENT. This document contains the entire warranty given by HARKEN in respect of your product and supersedes any and all oral or express warranties, statements or undertakings that may previously have been made. Any and all warranties not contained in this warranty are specifically excluded. There are no terms, promises, conditions or warranties regarding your product other than those contained herein. HARKEN specifically does not authorize any person to extend the time or scope of this warranty or to create or assume for HARKEN any other obligation or liability with respect to HARKEN products.