Warranty And Limitation Of Liability - Toshiba HCV-5HA Instruction Manual

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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

WARRANTY AND LIMITATION OF LIABILITY