Toolwell's 1 Year Warranty
The manufacturer warrants that the products are free from material or workmanship defects, provided they are subject to normal and intended use. The manufacturer may replace the product or may provide replacement parts, in accordance with the provisions of this warranty policy, any of its products during the duration of the warranty, if it is determined that the product has a material or manufacturer defect.
The warranty does NOT cover damage resulting from improper use of the equipment, such as overloading, accidents, abuse, or misuse, modification, negligence after purchase, ordinary wear and tear including corrosion, and/or failure to follow the product’s operating instructions or safety regulations.
Initiating a Claim
In the event of a defect in North America or South America, notify Toolwell of the circumstances in order to obtain warranty instructions. Depending on the nature of the defect, Toolwell will offer at its discretion one of two options:
- Replace the defective product. All defective products must be returned to Toolwell.
- Replace the defective part. The defective part may be discarded.
This warranty lasts for one (1) year on all Börkey products from the date of original purchase.
There are no warranties made by the manufacturer or the manufacturer's agent, expressed or implied, except as specifically set forth above.
Any Börkey product is purchased by buyer “as is” and “with all faults” and Börkey or the manufacturer's agent makes no warranty of merchantability or fitness for any particular purpose.
Under no circumstances shall Börkey or the manufacturer's agent be liable to buyer or any other person for any special, incidental or consequential damages, including, without limitation, damages based upon lost good will, lost sales or profits, work stoppage, delay, product failure, impairment of goods or otherwise and whether arising out of breach of warranty, breach of contract, negligence or otherwise, and in any case, Börkey’s (or the manufacturer's agent’s) liability for any and all losses and damages sustained by buyer and others, arising out of or by reason of this contract shall not exceed the original purchase price of the products upon which liability is founded.
Börkey or the manufacturer's agent is NOT responsible for ANY loss, liability, injury or damage which results from use of the products. The term “use” refers to any and all operation of the products, from misuse and abuse of the purchased tools to operation of faulty or defective products to proper use which results in a mistake or accident. Customer purchases and uses these products at his own risk.
The manufacturer and the manufacturer's agent neither assumes nor authorizes any other person to assume for it, any liability in connection with the moving equipment or sale thereof, other than expressed herein.
Börkey and Toolwell reserve the right to amend or adapt these warranty conditions with implications for the future at its discretion at any time.