Worldwide Limited Professional Customer Warranty
COVERAGE. Harken® warrants that each Harken Industrial 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 Industrial 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 Industrial product shall be the repair or replacement, in Harken Industrial’s sole discretion, of the defective part or component, in accordance with the terms of this warranty.
WARRANTOR. For products originally sold in the United 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 Industrial Distributors in that country. When “Harken Industrial” or “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. The same coverage for Access and Tight Radius rail and trolley in non-marine applications such as built environments has a term of 10 years. The same coverage for Access and Tight Radius rail and trolley in marine use and corrosive applications is limited to the aforementioned 12 month term.
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 Industrial product as specified in the warranty booklet, service booklet, manuals, catalogue or other literature available from Harken Industrial.
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 Industrial 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 Industrial’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 Industrial’s worldwide Distributors (see www.harkenindustrial.com). 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 Industrial product, your specific and detailed claim must be reported to and received by Harken Industrial, 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 Industrial or a Harken Industrial 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 the 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 Industrial product constitutes acceptance of the terms of this limited warranty. This warranty gives specific legal rights, and the 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 Industrial products.
General Warnings & Instructions
Industrial products make work easier and can save valuable time. However, there are inherent risks in using industrial products and related equipment that must be respected in order to avoid an accident, damage to property, personal injury, or death.
WARNINGS AND INSTRUCTIONS: You must carefully read, understand, and follow all warnings and instructions provided by Harken Industrial in order to avoid an accident. These warnings and instructions are found on the equipment, in packaging, in our brochures, on our website, or through our customer service department.
TRAINING AND EXPERIENCE: Even though Harken Industrial equipment appears simple and easy to operate (as intended by our design), our equipment should never be used unless you have a sufficient level of training and experience with load handling, or general experience in industries such as work at height, rescue, or fall restraint, and with the equipment in particular. The amount of training and experience depends on a number of factors: associated equipment, regulations, the weather conditions, and the task you are trying to complete. If you have any doubt about your training or experience, do not use the equipment. Please contact Harken Industrial or seek additional training.
AVOID ACCIDENT OR INJURY: Regardless of your skill level, in order to avoid an accident, damage to property, personal injury, or death:
- Loads on equipment can be significant, and shock loading can quickly multiply that load to extremely high levels. All persons selecting, installing, using, or maintaining Harken Industrial equipment and related fastenings must be aware and cautious of such loads.
- Select appropriate Harken Industrial equipment by careful analysis of published loading and relevant loading factors. Consult with a structural engineer to confirm your choice. Always follow current regulations for your industry, and use formal risk assessment for your project. See Safer Working Practice at www.harkenindustrial.com. If you prefer, contact Harken Industrial directly.
- Never, under any circumstances, exceed the capacity or Maximum Working Load (MWL) of any piece of equipment. The maximum working load may be found in our catalog, on our website, or through our Technical Service department. Loads above the MWL can cause the equipment to suddenly fail unexpectedly.
- Harken equipment is used in a wide variety of applications including a line of products dedicated solely to the sport of sailing. The sport of sailing has very different loading requirements compared to industrial applications. Equipment is shown and described in a separate sailing related catalog and website. Always use the industrial catalog and website for specifications and correct safety factors for non-sailing applications. Contact Harken Industrial if you have any questions about this distinction.
- Do not use Harken equipment for human suspension unless the product is specifically certified and labeled for such use. Consult Harken Industrial technical service if you have any questions regarding suitability for human suspension.
- Make certain that all related fasteners, connections, tethers, and anchorage points follow industry regulations and match or exceed maximum working loads of Harken Industrial equipment.
- Keep fingers, hands, hair, loose clothing, gloves, and tools away from moving parts.
- Before manipulating any piece of equipment, be sure that all persons and objects are clear of moving components.
- Always follow a regular and formal procedure for inspecting and replacing equipment and related fastenings. Document all inspections. Follow instructions in the product manual for “removing from service after shock loading.”
- Follow maintenance procedures specified in the manual to keep your equipment in optimum working order.
- Be sure all products and related safety equipment and electronics are in good working order before using.
- Always have a rescue plan in place and the means to implement it for operators working in human suspension or working at height. Communicate that plan to users, authorized personnel, and rescuers.