Warranty liability cap, Insurance, Transfer of rights – Hypertherm HPR800XD Auto Gas Rev.2 User Manual

Page 8: Sc-4 safety and compliance

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Sc-4

Safety and Compliance

wARRANty

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.

transfer of rights

You may transfer any remaining rights you may have hereunder only in

connection with the sale of all or substantially all of your assets or capital

stock to a successor in interest who agrees to be bound by all of the

terms and conditions of this Warranty. Within thirty (30) days before any

such transfer occurs, you agree to notify in writing Hypertherm, which

reserves the right of approval. Should you fail timely to notify Hypertherm

and seek its approval as set forth herein, the Warranty set forth herein

shall be null and void and you will have no further recourse against

Hypertherm under the Warranty or otherwise.

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