Warranty And Limitation Of Liability - Toshiba HCV-6KALU Instruction Manual

WARRANTY AND LIMITATION OF LIABILITY

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Toshiba International Corporation ("Company") warrants that all equipment and parts described herein will be free
from defects in materials and workmanship. THIS WARRANTY WILL EXPIRE EIGHTEEN (18) MONTHS AFTER
THE DATE ON WHICH SUCH EQUIPMENT AND PARTS (EXCLUDING REPAIRED OR REPLACEMENT
EQUIPMENT AND PARTS FURNISHED PURSUANT TO THIS WARRANTY) ARE SHIPPED BY THE COMPANY
TO THE INITIAL PURCHASER OR TWELVE (12) MONTHS AFTER SUCH EQUIPMENT AND PARTS
(EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHED PURSUANT TO THIS
WARRANTY) ARE FIRST PLACED IN OPERATION, WHICHEVER PERIOD FIRST EXPIRES.
The Company will, at its option, repair or replace such equipment or part which is defective under the terms of the
foregoing warranty, free of charge; provided the purchaser (1) promptly notifies the Company in writing of such
defect, and (2) furnishes the Company satisfactory proof thereof, and (3) establishes that the equipment or part has
been properly installed, maintained and operated within the limits of rated capacity and normal usage and in
accordance with this manual, and (4) if requested by the Company, returns the defective equipment or part to the
Company and pays all expenses incurred in connection with such return. The repaired or replacement equipment or
part will be delivered, free of charge, to the purchaser 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 purchaser will pay the
costs applicable to the equipment or part following such delivery, including, without limitation, all handling,
transportation, assembly, insurance, testing and inspection charges.
THE FOREGOING OBLIGATION TO REPAIR OR REPLACE EQUIPMENT PARTS SHALL BE THE SOLE AND
EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USERS OF THE EQUIPMENT AND
PARTS FOR BREACH OF THE FOREGOING WARRANTY. THE COMPANY WILL HAVE NO OBLIGATIONS TO
DISASSEMBLE ANY EQUIPMENT OR PART WHICH IS DEFECTIVE WITHIN THE TERMS OF THE ABOVE
WARRANTY OR TO INSTALL ANY REPAIRED OR REPLACEMENT PART OR EQUIPMENT OR TO PAY ANY
COSTS INCURRED IN CONNECTION WITH ANY SUCH DISASSEMBLY OR INSTALLATION. THE COMPANY,
TOSHIBA CORPORATION AND THEIR SUPPLIERS AND SUBCONTRACTORS HEREBY DISCLAIM ALL
OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL
EQUIPMENT AND PARTS FURNISHED PURSUANT TO THE FOREGOING WARRANTY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY.
The total liability of the Company, Toshiba Corporation and their suppliers and subcontractors for any
loss, damage or claim, whether in contact, tort (including negligence and liability without fault), or
otherwise, arising out of, connected with or resulting from the equipment and parts described in this
manual or the performance or breach of any contract for the sale or supply of such equipment and
parts, or from the design, manufacture, sale, delivery, resale, installation, technical direction or
supervision of installation, inspection, testing, repair, replacement, operation, maintenance or use of
any such equipment or part or any service relating thereto furnished by the Company shall not in any
event exceed the price allocable to the equipment, part or service which gives claim, loss or damage.
In no event, whether as a breach of contract or warranty, alleged negligence, liability without fault, or
otherwise, shall the Company, Toshiba Corporation or their suppliers or subcontractors be liable for
special or consequential damages, including, without limitation, loss or profits or revenue, loss of
equipment described herein or any associated equipment, cost of capital, cost of substitute equipment
or parts, facilities or services, down-time costs, labor costs or claims of customers of the purchaser for
such damages.
Phone: 800.894.0412 - Fax: 888.723.4773 - Web: www.clrwtr.com - Email: info@clrwtr.com