Warranty

7. LIMITED WARRANTY.

7.1 Timken warrants that, on the Shipment Date, the

Products (a) will conform to any specifications explicitly identified

on the face of Timken’s quotation or acknowledgement or set forth

explicitly in another document that is a part of the Agreement, and

(b) will be free of defects in material and workmanship that would be

discovered by following Timken’s standards of manufacture and

inspection at the time of manufacture. Timken warrants that the

Services will be performed in a good and workmanlike manner in

accordance with any specifications explicitly identified on the face of

Timken’s quotation or acknowledgement or set forth explicitly in

another document that is part of the Agreement. THE FOREGOING

LIMITED WARRANTY IS IN LIEU OF, AND TIMKEN

DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND

IMPLIED, INCLUDING WARRANTIES OF DESIGN,

PERFORMANCE OR PRODUCT LIFE, WARRANTIES OF

COMPLIANCE WITH BUYER’S QUALITY MANUALS,

QUALITY POLICIES, INSPECTION PROTOCOLS AND OTHER

POLICIES AND REQUIREMENTS, AND THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE.

7.2 The limited warranty will be void upon any action

inconsistent with the proper use and handling of the Products, Service

Items or other results of Services, including (a) improper handling,

transportation, modification or repair, (b) accident, abuse or improper

use (including loading beyond the specified maximum), and

7.3 The limited warranty in Section 7.1 does not apply to

Products supplied for testing and evaluation (“prototype parts”).

Prototype parts are supplied “AS IS” without warranty of any kind.

Timken will have no liability for any claims related to prototype

parts, and Buyer shall indemnify, defend and hold Timken harmless

from any such claims. Timken makes no warranty to those persons

defined as consumers in the Magnuson-Moss Warranty – Federal

Trade Commission Improvement Act.

8. EXCLUSIVE REMEDY; LIMITATION OF LIABILITY.

8.1 If a Product does not meet the limited warranty described

in Section 7.1, Buyer’s sole and exclusive remedy will be, at

Timken’s choice, repair or replacement of the nonconforming

Product (EXW the designated Timken facility) or a credit of a fair

amount not to exceed the price paid for the nonconforming Product.

If an item of Services does not meet the limited warranty described in

Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s

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7. LIMITED WARRANTY. 7.1 Timken warrants that, on the Shipment Date, the Products (a) will conform to any specifications explicitly identified on the face of Timken’s quotation or acknowledgement or set forth explicitly in another document that is a part of the Agreement, and (b) will be free of defects in material and workmanship that would be discovered by following Timken’s standards of manufacture and inspection at the time of manufacture.
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choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services.
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customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based. Manufacturers’ warranties may not apply in all cases, depending on factors such as use of the product, where the product was purchased, or who you purchased the product from. Please review the warranty carefully, and contact the manufacturer if you have any questions.