7. TLV EXPRESS LIMITED WARRANTY
Subject to the limitations set forth below, TLV CO., LTD., a Japanese corporation (“
TLV
”),
warrants that products which are sold by it, TLV International Inc. (“
TII
”) or one of its group
companies excluding TLV Corporation (a corporation of the United States of America), (hereinafter
the “
Products
”) are designed and manufactured by TLV, conform to the specifications published
by TLV for the corresponding part numbers (the “
Specifications
”) and are free from defective
workmanship and materials. The party from whom the Products were purchased shall be known
hereinafter as the “
Seller
”. With regard to products or components manufactured by unrelated
third parties (the “
Components
”), TLV provides no warranty other than the warranty from the third
party manufacturer(s), if any.
Exceptions to Warranty
This warranty does not cover defects or failures caused by:
1. improper shipping, installation, use, handling, etc., by persons other than TLV, TII or TLV
group company personnel, or service representatives authorized by TLV; or
2. dirt, scale or rust, etc.; or
3. improper disassembly and reassembly, or inadequate inspection and maintenance by persons
other than TLV or TLV group company personnel, or service representatives authorized by
TLV; or
4. disasters or forces of nature or Acts of God; or
5. abuse, abnormal use, accidents or any other cause beyond the control of TLV, TII or TLV
group companies; or
6. improper storage, maintenance or repair; or
7. operation of the Products not in accordance with instructions issued with the Products or with
accepted industry practices; or
8. use for a purpose or in a manner for which the Products were not intended; or
9. use of the Products in a manner inconsistent with the Specifications; or
10. use of the Products with Hazardous Fluids (fluids other than steam, air, water, nitrogen,
carbon dioxide and inert gases (helium, neon, argon, krypton, xenon and radon)); or
11. failure to follow the instructions contained in the TLV Instruction Manual for the Product.
Duration of Warranty
This warranty is effective for a period of one (1) year after delivery of Products to the first end
user. Notwithstanding the foregoing, asserting a claim under this warranty must be brought within
three (3) years after the date of delivery to the initial buyer if not sold initially to the first end user.
ANY IMPLIED WARRANTIES NOT NEGATED HEREBY WHICH MAY ARISE BY OPERATION OF
LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY EXPRESS WARRANTIES NOT NEGATED HEREBY, ARE
GIVEN SOLELY TO THE INITIAL BUYER AND ARE LIMITED IN DURATION TO ONE (1) YEAR
FROM THE DATE OF SHIPMENT BY THE SELLER.
Exclusive Remedy
THE EXCLUSIVE REMEDY UNDER THIS WARRANTY, UNDER ANY EXPRESS WARRANTY OR
UNDER ANY IMPLIED WARRANTIES NOT NEGATED HEREBY (INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), IS
REPLACEMENT;
PROVIDED: (a) THE CLAIMED DEFECT IS REPORTED TO THE SELLER IN
WRITING WITHIN THE WARRANTY PERIOD, INCLUDING A DETAILED WRITTEN DESCRIPTION
OF THE CLAIMED DEFECT AND HOW AND WHEN THE CLAIMED DEFECTIVE PRODUCT WAS
USED; AND (b) THE CLAIMED DEFECTIVE PRODUCT AND A COPY OF THE PURCHASE
INVOICE IS RETURNED TO THE SELLER, FREIGHT AND TRANSPORTATION COSTS PREPAID,
UNDER A RETURN MATERIAL AUTHORIZATION AND TRACKING NUMBER ISSUED BY THE
SELLER. ALL LABOR COSTS, SHIPPING COSTS, AND TRANSPORTATION COSTS
ASSOCIATED WITH THE RETURN OR REPLACEMENT OF THE CLAIMED DEFECTIVE
PRODUCT ARE SOLELY THE RESPONSIBILITY OF BUYER OR THE FIRST END USER. THE
SELLER RESERVES THE RIGHT TO INSPECT ON THE FIRST END USER’S SITE ANY
PRODUCTS CLAIMED TO BE DEFECTIVE BEFORE ISSUING A RETURN MATERIAL
AUTHORIZATION. SHOULD SUCH INSPECTION REVEAL, IN THE SELLER’S REASONABLE
DISCRETION, THAT THE CLAIMED DEFECT IS NOT COVERED BY THIS WARRANTY, THE
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