SC-18
Safety and Compliance
Warranty
Patent indemnity
Except only in cases of products not manufactured by
Hypertherm or manufactured by a person other than
Hypertherm not in strict conformity with Hypertherm’s
specifications and in cases of designs, processes,
formulae, or combinations not developed or purported to
be developed by Hypertherm, Hypertherm will have the
right to defend or settle, at its own expense, any suit or
proceeding brought against you alleging that the use of
the Hypertherm product, alone and not in combination
with any other product not supplied by Hypertherm,
infringes any patent of any third party. You shall notify
Hypertherm promptly upon learning of any action or
threatened action in connection with any such alleged
infringement (and in any event no longer than fourteen
(14) days after learning of any action or threat of action),
and Hypertherm’s obligation to defend shall be
conditioned upon Hypertherm’s sole control of, and the
indemnified party’s cooperation and assistance in, the
defense of the claim.
Limitation of liability
In no event shall Hypertherm be liable to any
person or entity for any incidental, consequential
direct, indirect, punitive or exemplary damages
(including but not limited to lost profits) regardless
of whether such liability is based on breach of
contract, tort, strict liability, breach of warranty,
failure of essential purpose, or otherwise, and even
if advised of the possibility of such damages.
National and local codes
National and local codes governing plumbing and
electrical installation shall take precedence over any
instructions contained in this manual. In no event shall
Hypertherm be liable for injury to persons or property
damage by reason of any code violation or poor work
practices.
Liability cap
In no event shall Hypertherm’s liability, if any,
whether such liability is based on breach of
contract, tort, strict liability, breach of warranties,
failure of essential purpose or otherwise, for any
claim, action, suit or proceeding (whether in court,
arbitration, regulatory proceeding or otherwise)
arising out of or relating to the use of the Products
exceed in the aggregate the amount paid for the
Products that gave rise to such claim.
Insurance
At all times you will have and maintain insurance in such
quantities and types, and with coverage sufficient and
appropriate to defend and to hold Hypertherm harmless in
the event of any cause of action arising from the use of the
products.
Transfer of rights
You may transfer any remaining rights you may have
hereunder only in connection with the sale of all or
substantially all of your assets or capital stock to a
successor in interest who agrees to be bound by all of the
terms and conditions of this Warranty. Within thirty (30)
days before any such transfer occurs, you agree to notify
in writing Hypertherm, which reserves the right of
approval. Should you fail timely to notify Hypertherm and
seek its approval as set forth herein, the Warranty set forth
herein shall be null and void and you will have no further
recourse against Hypertherm under the Warranty or
otherwise.
