WARRANTY
ii
Hypertherm
Plasma Systems
9-01
WARNING
Genuine Hypertherm parts are the factory-recommended
replacement parts for your Hypertherm system. Any damage
caused by the use of other than genuine Hypertherm parts may
not be covered by the Hypertherm warranty.
WARNING
You are responsible for the safe use of the Product.
Hypertherm does not and cannot make any guarantee or
warranty regarding the safe use of the Product in your
environment.
GENERAL
Hypertherm, Inc. warrants that its Products shall be free from
defects in materials and workmanship, if Hypertherm is notified
of a defect (i) with respect to the power supply within a period
of two (2) years from the date of its delivery to you, with the
exception of Powermax Series power supplies, which shall be
within a period of three (3) years from the date of delivery to
you, and (ii) with respect to the torch and leads within a period
of one (1) year from its date of delivery to you. This warranty
shall not apply to any Product which has been incorrectly
installed, modified, or otherwise damaged. Hypertherm, at its
sole option, shall repair, replace, or adjust, free of charge, any
defective Products covered by this warranty which shall be
returned with Hypertherm’s prior authorization (which shall not
be unreasonably withheld), properly packed, to Hypertherm’s
place of business in Hanover, New Hampshire, or to an
authorized Hypertherm repair facility, all costs, insurance and
freight prepaid. Hypertherm shall not be liable for any repairs,
replacement, or adjustments of Products covered by this
warranty, except those made pursuant to this paragraph or with
Hypertherm’s prior written consent.
The warranty above is
exclusive and is in lieu of all other warranties, express,
implied, statutory, or otherwise with respect to the
Products or as to the results which may be obtained
therefrom, and all implied warranties or conditions of
quality or of merchantability or fitness for a particular
purpose or against infringement. The foregoing shall
constitute the sole and exclusive remedy for any breach
by Hypertherm of its warranty
. Distributors/OEMs may offer
different or additional warranties, but Distributors/OEMs are
not authorized to give any additional warranty protection to you
or make any representation to you purporting to be binding
upon Hypertherm.
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 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 Hypertherm’s obligation to indemnify 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, indirect, or
punitive damages (including but not limited to lost profits)
regardless of whether such liability is based on breach of
contract, tort, strict liability, breach of warranties, failure of
essential purpose or otherwise and even if advised of the
possibility of such damages.
LIABILITY CAP
In no event shall Hypertherm’s liability, 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 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.
NATIONAL AND LOCAL CODES
National and Local codes governing plumbing and electrical
installation shall take precedent 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.
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.
