Hypertherm HRT - Manual (Page 8)

Warranty
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W-2 Compliance Information
WARRANTY
Distributors/OEMs may offer different or
additional warranties, but Distributors/OEMs
are not authorized to give any additional
warranty protection to you or make any
representation to you purporting to be binding
upon Hypertherm.
Patent indemnity
Except only in cases of products not
manufactured by Hypertherm or manufactured
by a person other than Hypertherm not in strict
conformity with Hypertherm’s specifications
and in cases of designs, processes, formulae,
or combinations not developed or purported
to be developed by Hypertherm, Hypertherm
will have the right to defend or settle, at
its own expense, any suit or proceeding
brought against you alleging that the use
of the Hypertherm product, alone and not
in combination with any other product not
supplied by Hypertherm, infringes any patent
of any third party. You shall notify Hypertherm
promptly upon learning of any action or
threatened action in connection with any
such alleged infringement (and in any event
no longer than fourteen (14) days after
learning of any action or threat of action), and
Hypertherm’s obligation to defend shall be
conditioned upon Hypertherm’s sole control
of, and the indemnified party’s cooperation and
assistance in, the defense of the claim.
Limitation of liability
In no event shall Hypertherm be liable to
any person or entity for any incidental,
consequential direct, indirect, punitive
or exemplary damages (including but
not limited to lost profits) regardless of
whether such liability is based on breach
of contract, tort, strict liability, breach of
warranty, failure of essential purpose,
or otherwise, and even if advised of the
possibility of such damages.
National and local codes
National and local codes governing plumbing
and electrical installation shall take precedence
over any instructions contained in this manual.
In no event shall Hypertherm be liable for injury
to persons or property damage by reason of
any code violation or poor work practices.
Liability cap
In no event shall Hypertherm’s liability,
if any, whether such liability is based on
breach of contract, tort, strict liability,
breach of warranties, failure of essential
purpose or otherwise, for any claim,
action, suit or proceeding (whether in
court, arbitration, regulatory proceeding
or otherwise) arising out of or relating
to the use of the Products exceed in
the aggregate the amount paid for the
Products that gave rise to such claim.
Insurance
At all times you will have and maintain
insurance in such quantities and types, and
with coverage sufficient and appropriate to
defend and to hold Hypertherm harmless in the
event of any cause of action arising from the
use of the products.