|Heco Incorporated (Heco), dba HECO GEAR, warrants its Planetary Gear Products to be free from defects in material and workmanship for a period of twelve (12) months from the date of first use or eighteen (18) months from the date of manufacture, whichever occurs first. Any Product Buyer claims to be defective must be returned by Buyer to Heco for inspection by Heco factory personnel at Heco’s factory. Buyer’s sole remedy with respect to any defective Product shall be replacement or repair of the part or Product determined to be defective by Heco’s factory inspection, at Heco’s option. Neither Heco nor any of its agents shall be liable for any consequential, incidental, indirect or special damages, including any lost profits or lost savings arising out of the use or inability to use any Product, or damages for personal injury or property damage resulting directly or indirectly to Buyer or any other person from the possession, ownership, or use of any Heco products deemed to be defective, even if Heco has been advised of the possibility of such damages.
This Warranty does not apply to any Product that has been disassembled or modified in any way outside of Heco’s factory or to failures due to reasons other than defects such as accidents or misuse. Any alterations or modifications made to the Product (other than those made by Heco) shall render this Warranty null and void. No oral or written information or advice given by Heco, its dealers, distributors, agents or employees will create a warranty or in any way increase the scope of the limited warranty set forth herein, and Buyer may not rely on any such information or advice.
THIS IS THE SOLE AND ONLY WARRANTY OF HECO AND NO OTHER WARRANTY IS APPLICABLE, EITHER EXPRESSED OR IMPLIED, IN FACT OR BY LAW, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WHICH WARRANTIES ARE SPECIFICLY WAIVED BY BUYER.