13
Warranty
Henkel expressly warrants that all products referred to in this Instruction Manual under
Loctite
®
175 Hot Melt Dispenser (hereafter called "Products") shall be free from defects in
materials and workmanship. Liability for Henkel shall be limited, as its option, to replacing
those Products which are shown to be defective either in materials or workmanship or to
credit to the purchaser the amount of the purchase price thereof (plus freight and insurance
charges paid therefor by the user). The purchaser's sole and exclusive remedy for breach of
warranty shall be such replacement or credit.
A claim of defect in materials or workmanship in any Products shall be allowed only when it
is submitted to Henkel in writing within one month after discovery of the defect or after the
time the defect should have reasonably have been discovered and in any event, within twelve
months after the delivery of the Products to the purchaser. No such claim shall be allowed in
respect of Products which have been neglected or improperly stored, transported, handled,
installed, connected, operated, used or maintained. In the event of unauthorized modification
of the Products including; where products, parts or attachments for use in connection with the
Products are available from Henkel, the use of products, parts or attachments which are not
manufactured by Henkel, no claim shall be allowed.
No Products shall be returned to Henkel for any reason without prior written approval from
Henkel. Products shall be returned freight prepaid, in accordance with instructions from
Henkel.
NO WARRANTY IS EXTENDED TO ANY EQUIPMENT THAT HAS BEEN ALTERED,
MISUSED, NEGLECTED, OR DAMAGED BY ACCIDENT, OR IF THE SYSTEM IS
USED TO DISPENSE ANY LIQUID MATERIAL OTHER THAN HENKEL PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, HENKEL
MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PRODUCTS.
ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND OTHER WARRANTIES OF WHATEVER KIND (INCLUDING
AGAINST PATENT OR TRADEMARK INFRINGEMENT) ARE HEREBY
DISCLAIMED BY HENKEL AND WAIVED BY THE PURCHASER.
THIS SECTION SETS FORTH EXCLUSIVELY ALL OF LIABILITY FOR HENKEL TO
THE PURCHASER IN CONTRACT, IN TORT OR OTHERWISE IN THE EVENT OF
DEFECTIVE PRODUCTS.
WITHOUT LIMITATION OF THE FOREGOING, TO THE FULLEST EXTENT
POSSIBLE UNDER APPLICABLE LAWS, HENKEL EXPRESSLY DISCLAIMS ANY
LIABILITY WHATSOEVER FOR ANY DAMAGES INCURRED DIRECTLY OR
INDIRECTLY IN CONNECTION WITH THE SALE OF USE OF, OR OTHERWISE IN
CONNECTION WITH, THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS
OF PROFITS AND SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
WHETHER CAUSED BY HENKEL NEGLIGENCE OR OTHERWISE.
Summary of Contents for 175
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