Liberty Lift products and services are supported by a team experienced in design, manufacturing, and field application. Our designs are produced by an experienced engineering group and manufactured under a quality process meeting appropriate API requirements. All Liberty Lift units carry the API 11E monogram.
We build relationships. Our ethics, core values, and superior products and services result in satisfied and loyal customers.
THE WARRANTIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE and are exclusive and in lieu of any other obligation on the part of Liberty Lift or its authorized dealer.
Liberty Lift neither assumes nor authorizes any person to assume for it any other liability in connection with the sale of such products. The obligation of Liberty Lift or its authorized dealer under this warranty is limited to the following:
Liberty Lift warrants to the ORIGINAL PURCHASER (PURCHASER) of the pumping unit, subject to the conditions herein stated, that the pumping unit shall be, upon delivery, free from manufacturing defects. This Warranty shall run for a period of (5) years from the date of manufacture. In the event the pumping unit fails to operate properly due to a manufacturing defect (or) a manufacturing defect is discovered during the warranty period, Liberty Lift shall only be obligated to repair or replace the pumping unit, at Liberty Lifts option, free of charge, F.O.B. Liberty Lift’s yard or stocking point, or other designated place of repair or replacement.
Repair or replacement by Liberty Lift shall not extend the warranty period.
Liberty Lift will have no liability under this Warranty unless Liberty Lift receives written notice from PURCHASER of the defect within thirty (30) days after discovery of the defect. Liberty Lift may waive the requirement of written notice and accept oral notice of a timely reported defect.
Liberty Lift shall not be liable under this Warranty and this Warranty will be null and void if the pumping unit, or any part thereof, was damaged, subjected to abuse, altered, misused, or if the pumping unit, or any part thereof was improperly stored, installed, maintained, repaired or operated.
Repair or replacement of the pumping unit, or any part thereof, shall fulfill all obligations of Liberty Lift.
The Warranty provided in this paragraph is subject to the following exceptions:
Liberty Lift warranty is limited to one (1) year (subject to the terms and conditions stated above) with respect to parts that are subject to wear under normal operating conditions including, but not limited to contact type oil or grease seals, hoses, belts, elastomeric parts, wireline, brake lining, brake cables, etc.
Liberty Lift extends no warranties with respect to the design of the pumping unit or the component parts, materials or accessories manufactured, furnished or supplied by individuals or entities other than Liberty Lift including, but not limited to prime movers, compressors, valves, electrical components, etc.
Liberty Lift agrees that any warranty which is given to Liberty Lift on such components by the manufacturer thereof shall be extended to the PURCHASER but only to the extent permitted by the terms of such warranties.
The remedies provided above are the exclusive remedies of PURCHASER for failure of Liberty Lift to meet its warranty obligations, whether claims of PURCHASER are based on contract, in tort (including negligence) or otherwise.
Upon expiration of the applicable warranty period, all obligations of Liberty Lift for breach of warranty will terminate.
The provisions of this Warranty shall be governed in accordance with the laws of the State of Texas.
Subject to and without waiving the foregoing, Purchaser agrees that neither Liberty Lift nor its affiliates, vendors, suppliers, agents, or subcontractors, either individually or jointly, shall be liable to PURCHASER, its affiliates, or any other person or entity whether due to Liberty Lift negligence or otherwise, and will not be responsible to PURCHASER, in contract, in tort (including negligence) or otherwise for loss of use of equipment or plant, loss of profits or revenues, claims of any customers of PURCHASER, or any special, indirect, incidental or consequential loss of damage whatsoever.
The obligation of Liberty Lift arising out ot the work performed hereunder, will be limited to remedies under the limited warranty set forth above. IN NO EVENT SHALL THE PURCHASER OR ANY OTHER PERSON OR ENTITY BE ENTITLED TO RECOVER FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO INCONVENIENCE, RENTAL OF REPLACEMENT EQUIPMENT, LOSS OF PROFITS OR OTHER COMMERCIAL OR ECONOMIC LOSS.
PURCHASER agrees to protect, defend, indemnify and save Liberty Lift, its subcontractors and affiliates and their employees
performing services under this Agreement harmless from and against all liabilities, loss, expense, claims, demands, and causes of action of every kind and character arising out of or in connection with this Agreement, or the work to be performed hereunder, without limit and without regard to the cause or causes of action thereof OR THE NEGLIGENCE OF ANY PARTY OR PARTIES, INCLUDING LOSSES ATTRIBUTABLE TO LIBERTY LIFTS NEGLIGENCE, arising in connection herewith in favor of PURCHASER or third parties on account of bodily injury, death or damage to property.
PURCHASER agrees that whenever any representative of Liberty Lift shall be on the premises of PURCHASER or at any place other than Liberty Lift’s facility, for the purpose of inspecting, repairing or servicing of the equipment sold herewith, the PURCHASER shall indemnify and hold Liberty Lift harmless from all claims, suits or actions arising from or growing out of the inspecting, repairing or servicing of such equipment and from all expenses of defending against such claims, suits or actions.
PURCHASER acknowledges and agrees, on its own behalf and on the behalf of its assigns and successors, that the Texas Deceptive Trade Practices – Consumer Protection Act, Subchapter E of Chapter 17 of the Texas Business and Commerce Code (the DTPA), is not applicable to this transaction. As such, PURCHASER’s and Liberty Lift’s rights and remedies with respect to this transaction, and with respect to all acts or practices of the other, past, present or future, in connection with this transaction, shall be governed by legal principles other than the DTPA.
Accordingly, PURCHASER acknowledges and agrees as follows:
PURCHASER HEREBY IRREVOCABLY WAIVES, TO THE FULL EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT AND CLAIMS THAT PURCHASER MAY NOW HAVE, OR TO WHICH IT MAY OTHERWISE IN THE FUTURE HAVE BEEN ENTITLED, UNDER THE TEXAS DECEPTIVE TRADE PRACTICES – CONSUMER PROTECTION ACT, TEX. BUS. AND COM. CODE &17.41 ET SEO., (“DTPA”), ARISING OUT OF ANY ACT, CONDUCT, REPRESENTATION OR OMISSION OF LIBERTY LIFT, ITS EMPLYEES OR AGENTS, HERETOFORE OR HEREAFTER TAKEN, DONE OR OMITTED TO BE DONE IN CONNECTION WITH THIS TRANSACTION OR SUBSEQUENT RELATED TRANSACTIONS.