Warranty, Attention, General – Hypertherm HPR800XD Auto Gas Rev.2 User Manual

Page 7: Patent indemnity, Limitation of liability, National and local codes, Compliance information w-1, Safety and compliance sc-3

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Safety and Compliance

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Attention

Genuine Hypertherm parts are the factory-recommended replacement

parts for your Hypertherm system. Any damage or injury caused by the

use of other than genuine Hypertherm parts may not be covered by

the Hypertherm warranty, and will constitute misuse of the Hypertherm

Product.

You are solely responsible for the safe use of the Product. Hypertherm

does not and cannot make any guarantee or warranty regarding the safe

use of the product in your environment.

general

Hypertherm Inc. warrants that its Products shall be free from defects

in materials and workmanship for the specific periods of time set forth

herein and as follows: if Hypertherm is notified of a defect (i) with

respect to the plasma power supply within a period of two (2) years

from the date of its delivery to you, with the exception of Powermax

brand power supplies, which shall be within a period of three (3) years

from the date of delivery to you, and (ii) with respect to the torch and

leads within a period of one (1) year from its date of delivery to you, with

the exception of the HPRXD short torch with integrated lead, which

shall be within a period of six (6) months from the date of delivery to

you, and with respect to torch lifter assemblies within a period of one

(1) year from its date of delivery to you, and with respect to Automation

products one (1) year from its date of delivery to you, with the exception

of the EDGE Pro CNC, EDGE Pro Ti CNC, MicroEDGE Pro CNC, and

ArcGlide THC, which shall be within a period of two (2) years from the

date of delivery to you, and (iii) with respect to HyIntensity fiber laser

components within a period of two (2) years from the date of its delivery

to you, with the exception of laser heads and beam delivery cables,

which shall be within a period of one (1) year from its date of delivery to

you.

All third-party engines, engine accessories, alternators, and alternator

accessories are covered by the respective manufacturers’ warranties

and not covered by this warranty.

This warranty shall not apply to any Powermax brand power supplies

that have been used with phase converters. In addition, Hypertherm

does not warranty systems that have been damaged as a result of poor

power quality, whether from phase converters or incoming line power.

This warranty shall not apply to any product which has been incorrectly

installed, modified, or otherwise damaged.

Hypertherm provides repair, replacement or adjustment of the Product

as the sole and exclusive remedy, if and only if the warranty set forth

herein properly is invoked and applies. Hypertherm, at its sole option,

shall repair, replace, or adjust, free of charge, any defective Products

covered by this warranty which shall be returned with Hypertherm’s

prior authorization (which shall not be unreasonably withheld), properly

packed, to Hypertherm’s place of business in Hanover, New Hampshire,

or to an authorized Hypertherm repair facility, all costs, insurance

and freight pre paid by the customer. Hypertherm shall not be liable

for any repairs, replacement, or adjustments of Products covered by

this warranty, except those made pursuant to this paragraph and with

Hypertherm’s prior written consent.

The warranty set forth above is exclusive and is in lieu of all other

warranties, express, implied, statutory, or otherwise with respect to the

Products or as to the results which may be obtained therefrom, and all

implied warranties or conditions of quality or of merchantability or fitness

for a particular purpose or against infringement. The foregoing shall

constitute the sole and exclusive remedy for any breach by Hypertherm

of its 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.

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Compliance Information

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