Limited Warranty - Miller ENPAK Owner's Manual

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ENPAK

LIMITED WARRANTY

(Equipment with a serial number preface of MC or newer)
This limited warranty supersedes all previous EnPak warranties and is exclusive with no other
guarantees or warranties expressed or implied.
LIMITED WARRANTY − Subject to the express terms
and conditions set forth below, Miller Electric Mfg. Co.
("Miller"), of Appleton, Wisconsin (USA), warrants to the
original retail purchaser of new EnPak equipment (sold
after the effective date of this Limited Warranty) that
such equipment is free from defects in materials and
workmanship when shipped by Miller.
For warranty claims received by Miller within the
applicable warranty periods described below, Miller will
repair or replace any warranted equipment, parts or
components that fail due to defects in material or
workmanship or refund the purchase price for the
equipment. Miller must be notified in writing within thirty
(30) days of such defect or failure, at which time Miller
will provide instructions on the warranty claim
procedures to be followed.
Miller shall honor warranty claims on warranted
equipment in the event of such failure within the
applicable warranty periods. All warranty time periods
start on the delivery date of the equipment to the original
end−user purchaser, and shall not commence more
than one (1) year following that date on which the
equipment is shipped to a North American distributor, or
more than eighteen (18) months following that date on
which the equipment is shipped to an international
distributor.
1. 1 Year — Parts and Labor Unless Otherwise
Specified
* Engine Driven Generators (NOTE: engines are
warranted separately
manufacturer.)
* Field options (NOTE: field options are covered
for the remaining warranty period of the product
they are installed in, or for a minimum of one year
— whichever is greater.)
2. 90 Days — Parts
* Remote Controls
* Accessory (Kits)
* Replacement Parts (No labor)
* Canvas Covers
This Limited Warranty shall not apply to:
(i) consumable components, such as contactors, relays
or parts that fail due to normal wear and use; (ii) items
furnished by Miller, but manufactured by others, such as
engines and trade accessories (these items are
covered by the manufacturer's warranty, if any); and (iii)
equipment that has been modified by any party other
than Miller, or equipment that has been improperly
installed, improperly operated or misused based upon
industry standards; or equipment which has not been
used and maintained in accordance with Miller's
specifications; or equipment which has been operated
outside of Miller's specifications for the equipment.
Miller products are intended for purchase and use by
commercial/industrial users and persons trained and
experienced in the use and maintenance of industrial
equipment.
In the event of a warranty claim covered by this Limited
Warranty, the exclusive remedies shall be, at Miller's
)
EQUIPMENT
Effective January 1, 2012
sole discretion: (i) repair; or (ii) replacement; (iii) where
authorized in writing by Miller in appropriate cases, the
reasonable cost of repair or replacement at an
authorized EnPak service facility; or (iv) payment of (or
credit for) the purchase price (less reasonable
depreciation based upon actual use) upon return of the
equipment at the warranty claimant's risk and expense.
Miller's option of repair or replacement will be F.O.B.,
Appleton, Wisconsin; (USA), or F.O.B. an EnPak
authorized service facility designated in writing by Miller.
No compensation or reimbursement for transportation
costs of any kind will be allowed.
TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW, THE REMEDIES PROVIDED
HEREIN ARE
REMEDIES
EQUIPMENT. IN NO EVENT SHALL MILLER
BECOME
SPECIAL,
CONSEQUENTIAL DAMAGES (INCLUDING LOSS
OF PROFIT OR LOST BUSINESS OPPORTUNITY),
WHETHER BASED IN CONTRACT, TORT OR ANY
OTHER LEGAL THEORY. IN NO EVENT SHALL
MILLER BECOME OBLIGATED TO PAY MORE ON
ANY WARRANTY CLAIM THAN THE PURCHASE
PRICE ACTUALLY PAID BY THE ORIGINAL RETAIL
PURCHASER.
THIS LIMITED WARRANTY IS MADE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED,
by the engine
INCLUDING
MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR
WARRANTY
OPERATION OF LAW.
EXPRESSLY
WARRANTY,
REPRESENTATION
PERFORMANCE OF THE EQUIPMENT, AND ANY
REMEDY FOR BREACH OF CONTRACT, IN TORT,
OR ANY OTHER LEGAL THEORY WHICH, BUT FOR
THIS PROVISION, MIGHT ARISE BY IMPLICATION,
OPERATION OF LAW, CUSTOM OF TRADE, OR
COURSE OF DEALING ARE EXCLUDED AND
DISCLAIMED BY MILLER.
Some states in the United States of America do not
allow limitations of how long an implied warranty lasts,
or the exclusion of incidental, indirect, special or
consequential damages, such the above limitations and
exclusions may not apply to you. This warranty provides
specific legal rights. Other rights may be available to
you, but may vary from state to state.
In Canada, legislation in some provinces provides for
certain additional warranties or remedies other than as
stated herein, and to the extent that they may not be
waived, the limitations and exclusions set out above
may not apply. This Limited Warranty provides specific
legal rights, and other rights may be available, but may
vary from province to province.
THE SOLE AND EXCLUSIVE
APPLICABLE TO THE
LIABLE FOR DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL
THE WARRANTIES
PURPOSE, OR ANY
OR GUARANTEE ARISING
ANY WARRANTY NOT
PROVIDED HEREIN, IMPLIED
GUARANTY AND ANY
REGARDING
EnPak_warr 2012
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