ii Hypertherm Warranty
WARNING
Genuine Hypertherm parts are the factory-recommended
replacement parts for your Hypertherm system. Any damage
caused by the use of other than genuine Hypertherm parts may
not be covered by the Hypertherm warranty.
WARNING
You are 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, if Hypertherm is notified of
a defect (i) with respect to the power supply within a period of two
(2) years from the date of its 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. This warranty shall not apply to any Product which
has been incorrectly installed, modified, or otherwise damaged.
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 prepaid.
Hypertherm shall not be liable for any repairs, replacement, or
adjustments of Products covered by this warranty, except those
made pursuant to this paragraph or with Hypertherm’s prior written
consent. The warranty 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 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
Hypertherm’s obligation to indemnify 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, indirect, or punitive
damages (including but not limited to lost profits) regardless
of whether such liability is based on breach of contract, tort,
strict liability, breach of warranties, failure of essential
purpose or otherwise and even if advised of the possibility of
such damages.
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WARRANTY
LIABILITY CAP
In no event shall Hypertherm’s liability, 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 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.
NATIONAL AND LOCAL CODES
National and Local codes governing plumbing and electrical
installation shall take precedent 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.
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.
UPON RECEIPT
• Verify that all system components on your order have been
received. Contact your supplier if any items are missing.
• Inspect the system components for any physical damage that
may have occurred during shipping. If there is evidence of
damage, refer to Claims. All communications regarding
claims must include the model number and serial number
located on the back of the power supply.
CLAIMS
Claims for damage during shipment – If your unit was damaged
during shipment, you must file a claim with the carrier. Hypertherm
will furnish you with a copy of the bill of lading upon request. If you
need additional assistance, call Customer Service listed in the front
of this manual, or your authorized Hypertherm distributor.
Claims for defective or missing merchandise – If any of the
merchandise is defective or missing, contact your supplier. If you
need additional assistance, call Customer Service listed in the front
of this manual, or your authorized Hypertherm distributor.
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