Hypertherm H401 Power Supplies - Manual (Page 6)

WARRANTY
ii Hypertherm Warranty
9-01
WARNING
G enuine 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.
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.