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MATWELD, INC. PHONE:(270) 444-0085 FAX:(270) 443-6180
Matweld reserves the right to change parts, features, or specifications without notice.
03/08
LIMITED WARRANTY
MATWELD, INC., PADUCAH, KY., WARRANTS TO THE ORIGINAL PURCHASE OF THIS PROD-
UCT THAT THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP
FOR THE PERIOD OF ONE (1) YEAR AFTER THE DELIVERY OF SUCH PRODUCT TO THE
CUSTOMER. OTHER EQUIPMENT AND PARTS USED, BUT NOT MANUFACTURED BY MATWELD
INC. ARE COVERED DIRECTLY BY THE WARRANTY OF THE MANUFACTURER OF THOSE
PRODUCTS. PROOF OF PURCHASE MUST BE DOCUMENTED INCLUDING REFERENCE TO A
SERIAL NUMBER LOCATED ON EACH TOOL. THE PURCHASER’S ONLY REMEDIES UNDER
THIS LIMITED WARRANTY SHALL BE LIMITED AT MATWELD’S SOLE OPTION TO THE FOL-
LOWING: REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE DEFEC-
TIVE PRODUCTS. EACH OF THESE REMEDIES REQUIRES TIMELY NOTIFICATION OF THE
DEFECT IN THE PRODUCT AND SUBSTANTIATION THAT THE PRODUCT HAS BEEN PROP-
ERLY STORED, MAINTAINED AND USED. MATWELD’S OBLIGATIONS HEREUNDER EXTEND
ONLY TO THE PURCHASER OF THE PRODUCT AND NOT TO ANY THIRD PARTY.
AS A CONDITION PRECEDENT TO MATWELD’S OBLIGATION HEREUNDER, THE DEFECTIVE
PRODUCT MUST NOT HAVE BEEN ALTERED OR MODIFIED WITHOUT THE EXPRESS WRITTEN
APPROVAL OF MATWELD, INC. THE PRODUCT MUST NOT HAVE BEEN SUBJECTED TO DELIB-
ERATE DAMAGE, SHIPPING DAMAGE, NEGLECT, TAMPERING BY UNAUTHORIZED PERSONNEL
OR DAMAGE BY IMPROPER USE, STORAGE OR MAINTENANCE. SERIAL NUMBERS MUST NOT
HAVE BEEN ALTERED, DEFACED OR REMOVED. SUCH ACTION VOIDS LIMITED WARRANTY.
EXCLUSIONS TO LIMITED WARRANTY
THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY,
WRITTEN OR ORAL, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITED WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR ITEMS SUCH AS FIL-
TERS, HOSES, COUPLERS, BITS, SOCKETS, AUGERS, AND BATTERIES.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED ABOVE, MATWELD SHALL IN NO EVENT BE LIABLE OR RESPON-
SIBLE FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INCIDENTAL OR CONSEQUENTIAL, ARIS-
ING OUT OF THE USE OR MISUSE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY INCLUDING, WITHOUT LIMITATIONS, BREACH OF CON-
TRACT, TORT, (INCLUDING NEGLIGENCE OR STREET LIABILITY) AND NOT WITHSTANDING
ANY FAILURE OF ANY REMEDY HEREIN OF ITS ESSENTIAL PURPOSE, EVEN IF MATWELD
WAS AWARE OF THIS POSSIBILITY OF SUCH DAMAGE. MATWELD’S LIMITED WARRANTY AS
SET FORTH ABOVE SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OB-
LIGATION OR LIABILITY SHALL ARISE OR GO OUT OF THE RENDERING OF TECHNICAL AD-
VICE OR SERVICE BY MATWELD OR ITS AGENTS. THE FOREGOING MAY NOT BE CHANGED
EXCEPT BY WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED OFFICER OF MATWELD,
THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE.
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