Toshiba VK-6M32A Installation Operation & Maintenance page 59

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31.
20]2
9:24Ahl
No,
1530
P
60
WARRANTY
ANd
LIMITATION OF
LIABILITY
e57
WARRAI9TY AND LIMITATIOITI
OF
LIABILITY
Toshiba lnternationat corporation ("company") warrantsthat sllequipment
and
parts described hetein
will
be
lree trom defects in materiels and workmanship. THIS WARRANTY WILL EXPIRE FIGHTEEN
(.t€)
MONTHS AFTER THE DATE ON WHICH
sucH
EoUIPMENT
AND PARTS
(EXCLUDING
REPAIRED
OF
EEPLACEMENT EOUIPMENT
AND
PARTS FUBNISI.IED PTJRSUANT
TO
THIS
WARRANTY} AEE SHIPPED BY THE COMPANY TO THE INITIAL PURCHASEB
OR
TWELVE (12)
MONTHS AFTER SUCH EOUIPMENT
AND
PARTS (EXCLUDING REPAIRED OR
REPLACEMENT
EOUIPMENT
AND
PARTS FURNISHED PUBSUANT TO THIS WARRANTY} ARE FIRST PLACED
IN
OPERATION, WHICHEVER PERIOD
FIRST EXPIRES,
The Company
will, at its
option, repair or feplace any €uch equipmant or part which is delective
unde/ the term$
of
the for€going warranty, free of charge; ptovided lhs purchaset
(1I
promptly
notifios the Company in writing of such def€ct, and (2) turnlshes the Company
SatiSfactorY proof
thereot, and (3) establishes thal the equtprnent or pan has
been properly
installed, mainlained
and
operated
within ths
limits
of
rated capacity and normal usage 8nd in 6ccordanc6
with this
manual,
and
t4l if
requested by the Company, rstutns tha dafective equipment or part to the Company
and
pays all expenees incurred in conneotion
with
such
return. The repairsd or replacement equipment
or part
*rritl be
delivered. tr66 of charga, to the purchaset F.O.B. the COmpany's warehouse or, at the
CompanY's option. F.O.B. a company authorized service shop, not loaded on truck or other carrier'
The purchasor
will
pEy the costs
applicable
to th6
aquipment
or
part following such
delivery,
including, withoUt limitation,
all
handling,
transportstion,
assembly, in3urence, t€sting and inspection
charges,
THE FOREGOING
OBLIGATION TO
REPAIR
OR
REPLACE EOUIPMENT
AND PARTS SHALL
BE
THE
SOLE
AND
EXCLUSIVE REMEDY OF THE
PIJRCHASER.
ITS
CUSTOMEBS
AND USEBS OF
THE
EOUIFMENT AND PARTS
FOR
BREACFI OF
THE
FOFEGOING
WARRANTY.
TI-IE
COMPANY SHALL
HAVE NO
OBLIGATIONS
TO
DISASSEMBLE
ANY EOUIPMENT OR PART
WHICH IS
DEFECTIVE
WITHIN THE TERMS
OF THE
ABOVE WARHANTY OR
TO
INSTALL
ANY
BEPAIRED
OF
REPLACEMENT PART OR
EOUIPMENT OE
TO PAY ANY COSTS
INCURRED IN
CONNECTION WITH
sucH
DTSASSEMBLY
oR INSTALLATION.
THE CQ,IMPANY.
rosHlBA coRpoRATloN-AND]HHE
IMFLILD WARRANIIES. INCLUDING. WI
IMPLIED WARRANTIES APPLICABLE
TO
REPAIRED
qR
RE
MERCHANTAE}LITY.
Th8
total liability
of the company. Toshiba cofporatlon
and
thsir suppliers and
subcontractors for any
loss, ddmage
oi
cleim, wharher in contract,
tort
(lncluding negligsnce
End
liability
without faultl, ol
otherwise,
irising out of,
connected wirh or resulting from the equipment and parts doecribed
in
this
manual or the performance or breach of
any contract for the sals ot supply
of
$uch equipm€nt and
patt$,
Or
lrom thg
dBsign, manufacture, sale, delivery, tesale, in$ellation, tBchnicHl dhection ol
suparuision of inetallstion, in$pection,
teiting,
repair, rEplacement, oper6tion, mdintenancs or u36
ol
any such €quipmgnt or part or ony service relating thereto furnishod by the Company shall not in any
evint
exceed
ihe prtos altocable to
th€ €quipmenr, part ot
seruice
whlch gives
risB
to the claim' loss
or
damage. ln
no
event, whether as a result
ol
brsach of contract
ol watHnty, alleged n€gligencB,
tiabitity
withofi
fault,
or otherwi$e, shsll
lhe
Gompany, Toshiba CorporBtion or theit
$uppliets 0r
subcontractors be liable
for
special or consEquEntial damages, including,
wilhout limitation, loss of
protita or revenue,
loEs
of use ot
the equlpmont describod
herein or any associated equlpm€nt, cost
of capital, cosr ol subsritfi€
equipment or parts, faclllties or 38tvic6s, down-time costs, ldbor costs
or claims of customets of the purcha3st for such
damages.