HyPower Warranty Information

HyPower® Limited Warranty

HydroHoist®, LLC, Inc.
915 W. Blue Starr Drive, Claremore, OK 74017 USA
Phone: (918) 341-6811

(1) What Is Covered by This Warranty

HydroHoist®, LLC, Inc. (“HydroHoist”) warrants to the original retail purchaser (Consumer) that the product sold by HyPower is free from defects in materials and/or workmanship.

• Warranty Period:

  • Three (3) years on all molded plastic parts manufactured by HyPower.

  • One (1) year on all remaining parts supplied by HyPower.

• Coverage begins at the date of original installation. Without proof of installation, coverage begins three (3) months after the date of manufacture.

If a defect is discovered during the warranty period, the Consumer must promptly notify HydroHoist in writing with proof of purchase. Notification must be received no later than one (1) month following expiration of the three-year warranty period.

HydroHoist will, within a reasonable time, correct any defect with new or used replacement parts (at HydroHoist’s discretion). Repairs, including parts and labor, are at HydroHoist’s expense. All warranty service will be performed either on-site or at HydroHoist’s plant in Claremore, Oklahoma, with freight charges prepaid by the Consumer.

These remedies are the exclusive remedies for breach of warranty.

(2) What Is Not Covered by This Warranty

HyPower does not warrant:

a. Products, components, or parts not manufactured or provided by HyPower.
b. Damage caused by unsuitable installation environments.
c. Damage caused by misuse or use outside intended purpose.
d. Damage from natural disasters (fire, flood, wind, lightning).
e. Damage from unauthorized attachments or modifications.
f. Damage from operation, maintenance, or repair contrary to HyPower instructions.
g. Damage during shipment.
h. Abuse or misuse by the Consumer.
i. Products with altered or defaced serial numbers.

(3) Warranty of Title, Patents, and Copyrights

HydroHoist warrants it has good title to the product, free from encumbrance, and that the product will be delivered free of rightful third-party claims for patent or copyright infringement.

If a claim arises, HydroHoist may:

• Procure the right for the Consumer to continue using the product,

• Replace or modify the product so it is non-infringing, or

• Refund the purchase price in exchange for return of the product.

(4) Implied Warranty

Any implied warranties, including but not limited to the implied warranty of merchantability and fitness for a particular purpose, are limited to one (1) year from the date of manufacture.

(5) Limitation of Remedies

HyPower is not liable for special, incidental, or consequential damages, including but not limited to:

• Loss of profits, savings, or revenue,

• Loss of use of product or associated equipment,

• Cost of capital, substitute equipment, or downtime,

• Third-party claims, or

• Property damage.

This limitation does not apply to damages arising from breach of the warranty of title under Section (3).

(6) Time Limit to Bring Suit

Any action for breach of warranty must be filed within three (3) months following expiration of the applicable warranty period.

(7) No Other Warranties

This warranty is the complete and exclusive agreement between HydroHoist and the Consumer, superseding all prior agreements.

Only HydroHoist’s President and Chief Financial Officer may authorize additional warranties. No other employee, distributor, or agent may extend or modify this warranty.

(8) State Law

Some states do not allow:

• Limitations on how long a warranty lasts, or

• Exclusions/limitations of incidental or consequential damages.

Therefore, the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by state.

(9) Allocation of Risks

This agreement allocates the risk of product failure between HyPower and the Consumer. The allocation is reflected in the price of the goods.

By purchasing, you acknowledge that you have read, understood, and agree to be bound by this warranty.

(10) Warranty Claim Contact

If you have a warranty claim, contact:

HyPower
915 W. Blue Starr Drive
Claremore, OK 74017
Phone: (918) 341-6811