Loctite Hysol 175-SPRAY, Operation Manual

Page 12

13 Warranty

Henkel Loctite expressly warrants that all products referred to in this Instruction Manual for the
Loctite® Hysol®175-Spray and Loctite® Hysol® 175-Spray-HT Hot Melt Applicators (hereafter
called “Products”) shall be free from defects in materials and workmanship. Liability for Henkel
Loctite Corporation shall be limited, as its option, to replacing those Products which are shown
to be defective in either materials or workmanship or to credit the purchaser the amount of the
purchase price thereof (plus freight and insurance charges paid therefore 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 in writing within one month after discovery of the defect or after the time the defect
should reasonably have been discovered and in any event, within 12 months after the delivery
of the Products to the purchaser.  This warranty does not apply to perishable items, such as
fuses, etc. 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 Loctite
Corporation, the use of products, parts or attachments which are not manufactured by Henkel
Loctite Corporation, no claim shall be allowed.

No Products shall be returned to Henkel Loctite Corporation for any reason without
prior written approval from Henkel Loctite Corporation.  Products shall be returned
freight prepaid, in accordance with instructions from Henkel Loctite Corporation.

NO WARRANTY IS EXTENDED TO ANY EQUIPMENT WHICH HAS BEEN ALTERED,
MISUSED, NEGLECTED, OR DAMAGED BY ACCIDENT, OR IF THE SYSTEM USED TO
DISPENSE ANY MATERIAL OTHER THAN HENKEL LOCTITE CORPORATION
PRODUCTS.

EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, HENKEL
LOCTITE CORPORATION MAKES NO WARRANTY OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS.

ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND OTHER WARRANTIES OF WHATEVER KIND (INCLUDING AGAINST PATENT OR
TRADEMARK INFRINGEMENT) ARE HEREBY DISCLAIMED BY HENKEL LOCTITE
CORPORATION AND WAIVED BY THE PURCHASER.

THIS SECTION SETS FORTH EXCLUSIVELY ALL OF  LIABILITY FOR HENKEL LOCTITE
CORPORATION 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 LOCTITE CORPORATION EXPRESSLY DISCLAIMS
ANY LIABILITY WHATSOEVER FOR ANY DAMAGES INCURRED DIRECTLY OR
INDIRECTLY IN CONNECTION WITH THE SALE OR USE OF, OR OTHERWISE IN
CONNECTION WITH, THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS AND SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER
CAUSED BY NEGLIGENCE FROM HENKEL LOCTITE CORPORATION OR OTHERWISE.