This warranty is applicable only to products bought from Brown GearTech (“BGT”) for business purposes in accordance with the Terms and Conditions of Sale.

IMPORTANT NOTICE: This warranty applies only to sales made to businesses. If you are purchasing as a consumer, different terms apply and you should contact BGT for consumer warranty terms. Nothing in this policy affects your statutory rights.

Standard Warranty –  We warrant that all products manufactured by or for BGT to be free from defects in materials and workmanship and to conform to BGT’s written specifications for a period of 24 months from date of sale.

Enhanced Warranty – Subject to the conditions herein, on selected products, the Warranty shall be extended to 60 months (the “Enhanced Warranty”). The Enhanced Warranty provides coverage under the same terms and conditions as the Standard Warranty for an extended period of 60 months. All exclusions and limitations in this policy apply equally to the Enhanced Warranty.

Enhanced Warranty is available on all models of standard motors and gearboxes. Buyers must register each product within 90 days of purchase. Any product which is not registered for Enhanced Warranty shall be subject to the Standard Warranty only.

Buyer must notify BGT of any suspected defect as soon as reasonably possible (but in no event more than fourteen (14) days) after it was discovered or by reasonable care should have been discovered. Upon receipt of a notification, BGT or its agent will contact you to discuss the matter within two (2) working days.

Failure to report any suspected defect within a reasonable period of time may affect the remedies available under this warranty. BGT will consider the circumstances of each case, including the nature of the defect and when it could reasonably have been discovered.

BGT shall inspect returned products within a reasonable time (normally 10 working days) of receipt and notify the Buyer of its findings.

If, during the warranty period, the Buyer delivers to BGT or its appointed agent any product which is found, upon inspection by BGT acting reasonably, to be defective or nonconforming:

1. BGT will repair or replace such defective equipment or components thereof, F.O.B. BGT’s premises or other destination designated by BGT;
2. The Buyer shall be responsible for the costs of delivery of defective equipment to BGT or its appointed agent;
3. BGT shall be responsible for the costs of returning repaired or replacement equipment to the Buyer;
4. BGT shall not be responsible for costs of disassembling, removing, reinstalling, or testing equipment at the Buyer’s premises unless otherwise agreed in writing.

Buyer’s exclusive remedy and BGT’s sole obligation under this warranty shall be limited to such repair or replacement.
BGT’s total liability for defective or nonconforming products under this warranty (whether arising from breach of contract, negligence, or otherwise) shall not exceed the purchase price paid by Buyer for the specific defective product(s).

Subject to the exclusions below, in no event shall BGT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of production, loss of business opportunity, or loss of use, whether arising from breach of contract, negligence, or otherwise.

Nothing in this warranty policy shall exclude or limit BGT’s liability for:

1. death or personal injury caused by BGT’s negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the obligations implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
4. any other liability which cannot be excluded or limited under applicable law.

Reasonableness: The parties acknowledge that the limitations and exclusions in this warranty policy are reasonable given:

1. the commercial relationship between the parties;
2. the relative bargaining positions of the parties;
3. the technical nature of the products;
4. the availability of insurance; and
5. the price paid for the products reflects these limitations.

The Buyer is advised to maintain appropriate insurance cover for consequential losses.

This warranty does not apply and shall be void in the following circumstances:

• Equipment operated in excess of rated capacity or otherwise not in accordance with BGT’s installation, maintenance, or operating instructions;
• Equipment repaired or altered by parties other than BGT or its authorized service agencies without BGT’s prior written consent;
• Equipment subjected to abuse, negligence, misuse, misapplication, accident, or damage by circumstances beyond BGT’s reasonable control;
• Equipment subjected to improper installation, operation, maintenance, or storage, or to other than normal use or service as defined in BGT’s specifications;
• Defects arising from normal wear and tear, or cosmetic damage that does not affect functionality;
• Equipment or components not manufactured by or for BGT. With respect to equipment or components not manufactured by or for BGT, BGT’s warranty obligations shall conform to and be limited to the warranty extended to BGT by its suppliers, but in no event shall exceed BGT’s obligations under this warranty policy.
   

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES (EXCEPT TITLE AND EXCEPT AS REQUIRED BY LAW), INCLUDING, TO THE EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE UNDER SECTIONS 13-15 OF THE SALE OF GOODS ACT 1979.

The parties acknowledge that:

• The Buyer does not rely on any statement, representation, warranty, or undertaking not expressly set out in this warranty policy or BGT’s Terms and Conditions of Sale;
• The Buyer has had adequate opportunity to inspect samples and specifications and to satisfy itself as to the suitability of the products for its intended purpose;
• The exclusions and limitations herein are fair and reasonable in all circumstances.

NO EMPLOYEE, REPRESENTATIVE, OR AGENT OF BROWN GEARTECH OTHER THAN A DIRECTOR OF BROWN GEARTECH IS AUTHORIZED TO ALTER OR MODIFY ANY PROVISION OF THIS POLICY OR TO MAKE ANY GUARANTEE, WARRANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, ORALLY OR IN WRITING, WHICH IS CONTRARY TO THE FOREGOING.

This warranty policy is intended for business-to-business transactions only. By accepting delivery of products from BGT, the Buyer confirms that:

1. It is purchasing the products wholly or mainly for business purposes;
2. It is acting in the course of a business;
3. It has appropriate technical expertise or has obtained appropriate advice regarding the suitability of the products for its intended use

If the Buyer is purchasing products wholly or mainly for personal use (as a consumer), different warranty terms apply under the Consumer Rights Act 2015, and the Buyer should contact BGT immediately.

Any description of the equipment, whether in writing or made orally by BGT or its agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the equipment and shall not be construed as an express warranty. Any suggestions by BGT or its agents regarding use, application or suitability of the equipment shall not be construed as an express warranty unless confirmed to be such in writing by BGT’s authorized officer.

Any dispute, controversy or claim arising out of or relating to this warranty policy, or the breach, termination or invalidity thereof, shall be settled in accordance with the laws of England and Wales under the jurisdiction of the UK court. The parties agree to attempt to resolve any dispute through good faith negotiation for a period of 30 days before commencing legal proceedings.