Limitation of liability, Liability cap, Insurance – Hypertherm HPR260 Manual Gas Preventive Maintenance Program Rev.5 User Manual
Page 8: National and local codes, Transfer of rights, Proper disposal of hypertherm products
WARRANTY
iv
Hypertherm
6-07
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.
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.
Proper disposal of Hypertherm
products
Hypertherm plasma cutting systems, like all electronic
products, may contain materials or components, such as
printed circuit boards, that cannot be discarded with
ordinary waste. It is your responsibility to dispose of any
Hypertherm product or component part in an
environmentally acceptable manner according to national
and local codes.
• In the United States, check all federal, state, and local
laws.
• In the European Union, check the EU directives, national,
and local laws. For more information, visit
www.hypertherm.com/weee.
• In other countries, check national and local laws.