Limited warranty – Tweco 500SP PowerMaster Automation User Manual

Page 76

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LIMITED WARRANTY

This information applies to Thermal Arc products that were purchased in the USA and Canada.

April 2006

LIMITED WARRANTY: Thermal Arc

®

, Inc., A Thermadyne Company ("Thermal Arc"),

warrants to customers of authorized distributors ("Purchaser") that its products will be free
of defects in workmanship or material. Should any failure to conform to this warranty
appear within the warranty period 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 damage, 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.

This warranty is exclusive and in lieu of any warranty of
merchantability, fitness for any particular purpose, or other warranty of
quality, whether express, implied, or statutory.

Limitation of liability: Thermal Arc shall not under any circumstances be liable for special,
indirect, incidental, or consequential damages, including 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, tort, including negligence or strict liability, or under any warranty,
or otherwise, shall not exceed the price of the goods upon which such liability is based.

No employee, agent, or representative of Thermal Arc is authorized to change this
warranty in any way or grant any other warranty, and Thermal Arc shall not be bound by
any such attempt. Correction of non-conformities, in the manner and time provided
herein, constitutes fulfillment of thermal’s obligations to purchaser with respect to the
product.

This warranty is void, and seller bears no liability hereunder, if purchaser used
replacement parts or accessories which, in Thermal Arc's sole judgment, impaired 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 unauthorized 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.

Warranty repairs or replacement claims under this limited warranty must be submitted to
Thermal Arc via an authorized Thermal Arc repair facility within thirty (30) days of
purchaser's discovery of any defect. Thermal Arc shall pay no transportation costs of any
kind under this warranty. Transportation charges to send products to an authorized
warranty repair facility shall be the responsibility of the Purchaser. All returned goods
shall be at the Purchaser's risk and expense. This warranty dated April 1

st

2006

supersedes all previous Thermal Arc warranties. Thermal Arc

®

is a Registered

Trademark of Thermal Arc, Inc.

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