rev. 08.15.2006.
6-43
6. Sure Torque Warranty, Limitation of Liability and Service
Information
All Sure Torque, equipment carries a warranty against defective parts, material and workmanship for one (1) year from the date of
shipment. We guarantee the equipment to perform only the functions outlined in the purchase order when supplied with the correct
electrical and compressed air supply. Purchased components carry the warranty of the original equipment manufacturers. Normal
wear, abuse, misapplication or misuse, incorrect adjustments by the customer, failure that is not machine related and failure due to
operating with samples that are different from those supplied and used during construction of the equipment is excluded from this
warranty. We will not accept any charges for work performed by purchaser unless the work was authorized in writing by Sure
Torque. Satisfaction of this warranty will be limited to the repair, replacement, modification or issuance of a credit for defective
material or workmanship only after the return of the parts for evaluation in our plant. Any warranty service (consisting of time, travel
and expenses) performed other than at our factory shall be at buyer’s expense. In no event will Sure Torque, be responsible for
consequential, incidental or exemplary damages.
Sure Torque instruments whether patented, patentable or non-patentable, represent a reduction to practice of Sure Torque’s
know-how and expertise. This know-how and expertise is the result of our considerable experience, research and development. To
protect and to retain control over our know-how and expertise, the know-how and expertise executed in the machinery covered by
an order to purchase shall be considered a one-time license. The purchaser by accepting delivery of the equipment agrees not to
build or have built equipment, which substantially duplicates equipment in whole or in part.
This warranty does not apply to:
1. Damage resulting from abuse, negligence, accident, or loss or damage in transit.
2. Damage caused by neglecting explicit Cautions and Warnings, contained within Seller’s (ST’s)
Operations and Maintenance Manual, depicting specific safeguards and procedures that must be
adhered to, and the related risks of equipment damage (and/or personal injury) by not doing so.
3. Damage caused by attempting repairs and/or alterations without prior written consent of Seller (ST).
4. Damage caused by improper connections to the equipment of other manufacturers, or improper
connections of equipment of other manufacturers to that of the Seller.
5. Damage caused by improper electrical connections.
6. Damage caused by improper mechanical installation or set-up.
7. Damage caused by failure to perform required maintenance as outlined in Seller’s (ST’s) Operations and
Maintenance Manual.
8. Incidental items, such as miscellaneous consumables, hardware, fuses, light bulbs, springs, glass, acrylic,
polycarbonate, or plastic components.
The Seller makes no other warranty, expressed or implied, and disclaims any implied warranty of merchantability or fitness
for a particular purpose.
The Buyer and Sure Torque agree that the sole and exclusive remedies for breach of any warranty concerning the goods shall be
repair or replacement of defective parts upon the terms above described or, at Seller’s option, refund of purchase price. The Seller
shall not be liable for contingent or consequential damages to persons, property, or loss of productivity and its sole liability as
above set forth in this document.
Any action by Buyer for any alleged breach of the warranty set forth herein shall be brought to the attention of Sure Torque, by
Buyer within the warranty period, but not later than thirty (30) days after the alleged breach.
This statement of warranty and limitation of liability is a complete and exclusive statement of all warranty and liability
representations of Sure Torque It may not be varied, supplemented, qualified or interpreted by any prior dealings between the
parties or by any usage of the trade or upon the face or reverse of any form to which this is attached or part of, nor may it be
modified by any agent, employee, or representative of the Seller, unless such modification or representation is made in writing and
signed by a duly authorized officer of the Seller.
Repairs and/or replacements under the terms of this warranty
shall not extend the warranty life of the original equipment
supplied.
Equipment, parts, or components returned to the factory (ST) should be accompanied by the following information: A Return of
Materials Authorization (RMA) number, the reason for the return with a comprehensive description of the malfunction, shipping
instructions, and the name and telephone number of a contact in the event of any problems.
In some cases, prior to Warranty repair and/or replacement authorization, Seller (ST) may require an on-site inspection of the
Buyer’s equipment. This inspection, if deemed necessary by Seller, is intended to verify malfunction and identify what repairs or
expendable parts, if any, are required to bring the unit(s) up to a satisfactory operating condition as determined by Seller (ST). The
cost of the necessary parts and labor to bring the machine to a satisfactory operating condition will be billed at retail prices and
standard service rates, and shall be paid by the customer. Thank You, ST.