Mathey Dearman Maxi Jolli Chain Machine - Manual (Page 15)

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8.0 - WARRANTY
8.1 – GENERAL CONDITIONS
Mathey Dearman, Inc. Warranty and Terms and Conditions of Sale
LIMITED WARRANTY Subject to the provisions contained herein, if any merchandise sold hereunder (except
merchandise manufactured by other persons or firms) by Mathey Dearman, Inc. ("Mathey Dearman") , (either
as the seller of the merchandise sometimes referred to herein as the “Company”) is not in accordance with
specifications shown on the order within customarily accepted tolerances, or is defective on account of
workmanship or material, and if such merchandise is returned at the customer’s expense and risk, to the
Company’s manufacturing facility (or at the Company’s option, is returned to a repair facility authorized by
the Company), within one (1) year after the Company’s date of shipment thereof (the "Warranty Period"), the
Company will, at its option, replace or repair the merchandise. This warranty, however, is subject to the
conditions: (A) that the customer promptly notifies the Company in writing of any claim under this
agreement, setting forth in detail any such claimed defect, and (B) That the Company be afforded a reasonable
opportunity to examine the merchandise and to investigate and verify the claimed defect at the Company’s
manufacturing facility or at an authorized repair facility. The Company shall not be, in any event, liable for
damages beyond the price paid by the customer for such defective merchandise. THE COMPANY SHALL NOT
BE LIABLE to CUSTOMER UNDER ANY THEORY OR CIRCUMSTANCES FOR CONSEQUENTIAL, INCIDENTAL,
INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. This agreement does not obligate the Company to bear any
transportation charges in connection with the replacement or the repair of defective merchandise. As to any
item manufactured by other persons or firms, the Company agrees to present a request for adjustment for
repair to such manufacturer, and the customer agrees that the liability of the Company shall not exceed any
adjustment with respect to which such manufacturer accepts responsibility. THE ABOVE AGREEMENT IS IN
LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED AND IT IS AGREED THAT THERE IS NO
EXPRESSED OR IMPLIED WARRANTY BY THE COMPANY AS TO THE MERCHANDISE'S FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, CAPACITY, OR EFFICIENCY AND THAT THERE ARE NO
ORAL OR WRITTEN EXPRESSED OR IMPLIED WARRANTIES MADE IN CONNECTION WITH ANY SALE BY
THE COMPANY OTHER THAN AS EXPRESSED HEREIN. No modification or addition to this agreement,
either before or after the contract of sale, shall be made except on written authority of the President or Vice
President of the Company.
The Company shall have no liability for warranty claims if the merchandise has been abused, misused,
vandalized, or operated beyond its specifications after delivery. Further, the Company shall also have no
liability for Warranty Claims if the merchandise is from the Company's CGM Pipe Cutting and Beveling
product line and has been used in any manner not in compliance with the “Conditions of Use”, as applicable.
8.2 - LIMITATIONS
Mathey Dearman Inc. is not responsible for the following:
 Improper use of the machine.
 Use against the national and/or international regulation in force.
 Improper or wrong connection.
 Improper maintenance.
 Unauthorized modifications and/or services.
 Use of non-original spare parts or specific components not called for in this operating Manual.
 Failure to observe the operating instruction.
 Unusual events such as natural disasters.