Safety and compliance 25
Warranty
Attention
Genuine Hypertherm parts are the factory-recommended replacement
parts for your Hypertherm system. Any damage or injury caused by the
use of other than genuine Hypertherm parts may not be covered by the
Hypertherm warranty, and will constitute misuse of the Hypertherm
Product.
You are solely 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 for the specific periods of time set forth
herein and as follows: if Hypertherm is notified of a defect (i) with respect
to the plasma power supply within a period of two (2) years from the date
of its delivery to you, with the exception of Powermax brand 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, with the exception of the
HPRXD short torch with integrated lead, which shall be within a period of
six (6) months from the date of delivery to you, and with respect to torch
lifter assemblies within a period of one (1) year from its date of delivery to
you, and with respect to Automation products one (1) year from its date
of delivery to you, with the exception of the EDGE Connect CNC,
EDGE Connect T CNC, EDGE Connect TC CNC, EDGE Pro CNC,
EDGE Pro Ti CNC, MicroEDGE Pro CNC, and ArcGlide THC, which
shall be within a period of two (2) years from the date of delivery to you,
and (iii) with respect to HyIntensity fiber laser components within a
period of two (2) years from the date of its delivery to you, with the
exception of laser heads and beam delivery cables, which shall be within
a period of one (1) year from its date of delivery to you.
All third-party engines, engine accessories, alternators, and alternator
accessories are covered by the respective manufacturers’ warranties and
not covered by this warranty.
This warranty shall not apply to any Powermax brand power supplies that
have been used with phase converters. In addition, Hypertherm does not
warranty systems that have been damaged as a result of poor power
quality, whether from phase converters or incoming line power. This
warranty shall not apply to any product which has been incorrectly
installed, modified, or otherwise damaged.
Hypertherm provides repair, replacement or adjustment of the Product as
the sole and exclusive remedy, if and only if the warranty set forth herein
properly is invoked and applies. 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 pre paid by the customer. Hypertherm shall not be liable for any
repairs, replacement, or adjustments of Products covered by this
warranty, except those made pursuant to this paragraph and with
Hypertherm’s prior written consent.
The warranty set forth 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 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. Hypertherm shall not be liable for
any losses to Distributor based on down time, lost production or
lost profits. It is the intention of the Distributor and Hypertherm
that this provision be construed by a court as being the
broadest limitation of liability consistent with applicable law.
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.
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