obligated under this warranty, to repair any defect, failure or damage to Injectiweld Products which, in the sole
and unfettered discretion of Drader, are in any way the result of:
(a) Accident, abuse or improper use of the Injectiweld Products;
(b) Attempts by personnel, other than personnel of DRADER, to install, repair or service the Injectiweld Products
unless directed by DRADER personnel and confirmed in writing;
(c) Modifications or alterations not approved by DRADER in writing;
(d) The customer failing to properly or adequately maintain and clean the Injectiweld Products as prescribed in
published product materials and industry norms; and
(e) Using the Injectiweld Products in an environment not meeting the operating specification set forth by DRADER
for the Injectiweld Products.
2. In addition to the exclusions provided in Paragraph B1 above, the limited warranty provided herein does not:
(a) Apply to previously used Injectiweld Products;
(b) Apply to any Injectiweld Products where the serial number or the serial number of any of its parts has been
altered, defaced, or removed;
(c) Apply to labels on the Injectiweld Products;
(d) Apply to normal wear and tear of the Injectiweld Products;
(e) Cover damage or loss incurred in transportation of the Injectiweld Products;
(f) Cover replacement or repair necessitated by loss or damage from any cause reasonably beyond the control of
DRADER, such as lightning or other natural and weather-related events or wartime environments; and
(g) Cover any labor involved in the removal and or reinstallation of warranted Injectiweld Products on site, or any
labor required to diagnose the necessity for repair or replacement.
For greater certainty and the avoidance of doubt, DRADER does not warrant the quality of any welds or repairs
made by a welder using the Injectiweld Products.
C. Limitation of Liability
For greater certainty and the avoidance of doubt, the warranty provided herein is limited to the remedies provided
in Paragraph A1 and A2 above and specifically excludes any responsibility by DRADER for incidental or
consequential damages arising from the use of Injectiweld Products, or for any inability to use them either
separate from or in combination with any other equipment or products.
To the extent permitted by law, the warranty provided herein is strictly in lieu of: a) any other conditions or
warranties, express or implied, oral or written, statutory or otherwise, including, but not limited to, any implied
warranty of merchantability or fitness for purpose; and b) any and all obligations and liabilities of DRADER for
damages including but not limited to accidental, consequential, or special damages, or any financial loss, lost
profits or expenses arising from or out of or in connection with the use or performance of the Injectiweld
Products, even if DRADER has been advised of the possibility of such damages. DRADER shall not be liable for
any claim made by a third party or made by the customer on behalf of a third party.
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