Toshiba 18 - 1250 A - Manual (Page 99)

TE Series Digital Solid State Soft Starters 18 – 1250A
92
LIMITED 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 OTHERWISE, 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.