Thermal arc - limited warranty terms – Tweco 181i Thermal Arc Fabricator User Manual

Page 94

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THERMAL ARC - LIMITED WARRANTY TERMS

LIMITED WARRANTY: Thermal Arc ®, Inc, a Victor Technologies International, Inc. Company, hereafter, “Ther-

mal Arc” warrants to customers of its authorized distributors hereafter “Purchaser” that its products will be free

of defects in workmanship or material. Should any failure to conform to this warranty appear within the time

period applicable to the Thermal Arc products as stated below, Thermal Arc shall, upon notification thereof and

substantiation that the product has been stored, installed, operated, and maintained in accordance with Thermal

Arc’s specifications, instructions, recommendations and recognized standard industry practice, and not subject to

misuse, repair, neglect, alteration, or accident, correct such defects by suitable repair or replacement, at Thermal

Arc’s sole option, of any components or parts of the product determined by Thermal Arc to be defective.
THERMAL ARC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. THIS WARRANTY IS EXCLUSIVE AND IN

LIEU OF ALL OTHERS, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS

FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: THERMAL ARC SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL,

INDIRECT OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS

INTERRUPTION. The remedies of the Purchaser set forth herein are exclusive and the liability of Thermal Arc with

respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or

from the manufacture, sale, delivery, resale, or use of any goods covered by or furnished by Thermal Arc whether

arising out of contract, negligence, strict tort, or under any warranty, or otherwise, shall not, except as expressly

provided herein, exceed the price of the goods upon which such liability is based. No employee, agent, or repre-

sentative of Thermal Arc is authorized to change this warranty in any way or grant any other warranty.
PURCHASER’S RIGHTS UNDER THIS WARRANTY ARE VOID IF REPLACEMENT PARTS OR ACCESSORIES ARE

USED WHICH IN THERMAL ARC’S SOLE JUDGMENT MAY IMPAIR THE SAFETY OR PERFORMANCE OF ANY

THERMAL ARC PRODUCT. PURCHASER’S RIGHTS UNDER THIS WARRANTY ARE VOID IF THE PRODUCT IS

SOLD TO PURCHASER BY NON-AUTHORIZED PERSONS.
The warranty is effective for the time stated below beginning on the date that the authorized distributor delivers

the products to the Purchaser. Notwithstanding the foregoing, in no event shall the warranty period extend more

than the time stated plus one year from the date Thermal Arc delivered the product to the authorized distributor.

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