Toshiba VF010H05 - Manual (Page 105)

JKSSS+ Series - 99
JKSSS+ Series 2.3 - 4.2KV
WARRANTy AND LIMITATION OF LIABILITy
Toshiba International Corporation (“Company”) warrants that all equipment and parts described herein will be free from
defects in materials and workmanship. THIS WARRANTY WILL EXPIRE TWENTY-FOUR (24) MONTHS AFTER SUCH
EQUIPMENT AND PARTS (EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHED
PURSUANT TO THIS WARRANTY) ARE PLACED IN OPERATION OR THIRTY (30) MONTHS AFTER THE DATE ON
WHICH SUCH EQUIPMENT AND PARTS (EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS
FURNISHED PURSUANT TO THIS WARRANTY) ARE SHIPPED TO THE INITIAL PURCHASER, WHICHEVER PERIOD
FIRST EXPIRES. THERE ARE NO OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER-
WISE, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Company will, at its option, repair or replace or refund the purchase price paid for such equipment or part
which is defective under the terms of the foregoing warranty, free of charge; provided the purchaser (1) promptly
notifies the Company in writing of such defect, and (2) furnishes the Company satisfactory proof thereof, and (3)
establishes that the equipment or part has been properly installed, maintained and operated within the limits of rated
capacity and normal usage and in accordance with current operating and maintenance instructions , and (4) has
not been altered or modified in any manner without the written consent of the Company, and (5) if requested by the
Company, returns the defective equipment or part to the Company and pays all expenses incurred in connection
with such return. The repaired or replacement equipment or part will be delivered, free of charge, to the purchaser
F.O.B. the Company’s warehouse or, at the Company’s option, F.O.B. a Company authorized service shop, not
loaded on truck or other carrier. The purchaser will pay the costs applicable to the equipment or part following such
delivery, including, without limitation, all handling, transportation assembly, insurance, testing and inspection charges.
THE FOREGOING OBLIGATION TO REPAIR OR REPLACE EQUIPMENT PARTS SHALL BE THE SOLE AND
EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USERS OF THE EQUIPMENT AND
PARTS FOR BREACH OF THE FOREGOING WARRANTY. THE COMPANY WILL HAVE NO OBLIGATIONS TO
DISASSEMBLE ANY EQUIPMENT OR PART WHICH IS DEFECTIVE WITHIN THE TERMS OF THE ABOVE
WARRANTY OR TO INSTALL ANY REPAIRED OR REPLACEMENT PART OR EQUIPMENT OR TO PAY ANY COSTS
INCURRED IN CONNECTION WITH ANY SUCH DISASSEMBLY OR INSTALLATION. THE COMPANY, TOSHIBA
CORPORATION AND THEIR SUPPLIERS AND SUBCONTRACTORS HEREBY DISCLAIM ALL OTHER EXPRESS,
STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL EXPRESS, STATUTORY AND
IMPLIED WARRANTIES, SUCH AS MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO
ALL REPAIRED OR REPLACED EQUIPMENT AND PARTS FURNISHED PURSUANT TO THE FOREGOING WARRANTY.
The total liability of the Company, Toshiba Corporation and their suppliers and subcontractors for any loss, damage or
claim, whether in contact, tort (including negligence and liability without fault), or otherwise, arising out of, connected
with or resulting from the equipment and parts described herein or the performance or breach of any contract for the
sale or supply of such equipment and parts, or from the design, manufacture, sale delivery, resale, installation, technical
direction or supervision of installation, inspection, testing, repair, replacement, operation, maintenance or use of any such
equipment or part or any service relating thereto furnished by the Company shall not in any event exceed the price
allocable to the equipment, part or service which gives claim, loss or damage. In no event, whether as a breach of
contract or warranty, alleged negligence, liability without fault, or otherwise, shall the Company, Toshiba Corporation or their
suppliers or subcontractors be liable for indirect, incidental, special or consequential damages, including, without limitation,
property damage, loss of profits or revenue, loss of information or data, loss of equipment described herein or any associated
equipment, cost of capital, cost of substitute equipment or parts, facilities or services, down-time costs, labor costs or claims
of customers of the purchaser for such damages, even if Company has been advised of the possibility of such damages.
Purchaser shall provide this Limited Warranty and Limitation of Liability to its customers and users of the equipment and
parts described herein prior to any sale to or use of the equipment and parts by such customer or user. Company does
not authorize anyone to make any representations or warranties other than the express warranties contained herein.