Items manufactured by Hoosier Wheel are warranted free from defects in material and workmanship. Hoosier Wheel makes no warranties of fitness for particular purpose. Buyer undertakes the complete and entire responsibility for performing tests and ascertaining whether the goods purchased from Hoosier Wheel meet the requirements of, or are suitable for, buyer’s intended use. Hoosier Wheel’s liability under this warranty is limited, at Hoosier Wheel’s option, to the purchase price of, or the replacement of items proved defective upon return thereof to Hoosier Wheel with Hoosier Wheel’s prior written approval. Hoosier Wheel will not be liable for incidental or consequential damages resulting from the use of its products or arising out of any defects in material and/or use of its products or arising out of any defects in material and/or workmanship. No claims for adjustment under this warranty will be accepted by Hoosier Wheel after sixty (60 days) following shipment of items. No credit, claim, or adjustment will be allowed by Hoosier Wheel on items which have been cut, processed, used, or converted in any manner.
Notwithstanding the foregoing, Hoosier Wheel shall not be liable for any damages if Hoosier Wheel is unable to carry out any of its obligations due to circumstances beyond its control, including, without limitation, casualty, accident, strike, lockout, labor disturbances, boycott, embargo, lack of shipping facilities, mechanical breakdown, delay or inability to obtain supplies, labor, raw materials or energy through Hoosier Wheel’s usual and regular sources, fires, floods, earthquake, adverse climactic conditions, military conflicts, governmental requests, Acts of God, war and other hostilities, or any other similar circumstances.
If the customer shall file or have filed against it any bankruptcy or insolvency proceeding, Hoosier Wheel shall, in addition to any of its other rights and remedies as a result thereof, have the right to defer in whole or in part and of the un-delivered goods covered hereby until such proceeding is dismissed.
No waiver, alteration, or modification of any of the provisions hereof shall be binding on Hoosier Wheel unless in writing and signed by an authorized representative of Hoosier Wheel.