Amada 300 Series, Operation Manual

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SERIES 300 FAST RESPONSE WELD HEAD SYSTEM
990-115 xi
Exhibit A
Warranty for “Specialty Products”
Limited Warranty
EXCEPT FOR THE WARRANTY SET FORTH BELOW IN THIS EXHIBIT A, SELLER MAKES NO
WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS (INCLUDING ANY SOFTWARE) OR
SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY
AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;
WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Warranty Period: The Warranty Period for Specialty Products is for one (1) year, and the Warranty
Period for laser welders and laser markers is two (2) years (unlimited hours), and the Warranty Period
for the laser pump diodes or modules is two (2) years or 10,000 clock hours, whichever occurs first (as
applicable, the “
Warranty Period ”). The Warranty Period begins as follows: (i) on orders for Goods
purchased directly by Buyer, upon installation at Buyer’s site or thirty (30) days after the date of
shipment, whichever occurs first; or (ii) on equipment purchased by a Buyer that is an OEM or systems
integrators, upon installation at the end user’s site or six (6) months after the date of shipment,
whichever occurs first.
Acceptance Tests: Acceptance Tests (when required) shall be conducted at Amada Miyachi
America, Inc., Monrovia, CA, USA (the “ Testing Site ”) unless otherwise mutually agreed in writing prior
to issuance or acceptance of the Acknowledgement. Acceptance Tests shall consist of a final visual
inspection and a functional test of all laser, workstation, enclosure, motion and accessory hardware.
Acceptance Tests shall include electrical, mechanical, optical, beam delivery, and software items
deliverable under the terms of the Acknowledgement. Terms and conditions for Additional Acceptance
Tests either at Seller’s or Buyer’s facility shall be mutually agreed in writing prior to issuance or
acceptance of the Acknowledgement.
Performance Warranty: The system is warranted to pass the identical performance criteria at Buyer’s
site as demonstrated during final Acceptance Testing at the Testing Site during the Warranty Period, as
provided in the Acknowledgement. Seller explicitly disclaims any responsibility for the process results
of the laser processing (welding, marking, drilling, cutting, etc.) operations.
Exclusions: Seller makes no warranty, express or implied, with respect to the design or operation of
any system in which any Seller’s product sold hereunder is a component.
Limitations: The limited warranty set forth on this Exhibit A does not cover loss, damage, or defects
resulting from transportation to Buyer’s facility, improper or inadequate maintenance by Buyer, Buyer-
supplied software or interfacing, unauthorized modification or misuse, operation outside of the
environmental specifications for the equipment, or improper site preparation and maintenance. This
warranty also does not cover damage from misuse, accident, fire or other casualties of failures caused
by modifications to any part of the equipment or unauthorized entry to those portions of the laser which
are stated. Furthermore, Seller shall not be liable for a breach of the warranty set forth in this Exhibit A
if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because
Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning,
use or maintenance of the Goods; (iii) Buyer alters or repairs such Goods without the prior written
consent of Seller; or (iv) repairs or modifications are made by persons other than Seller’s own service
personnel, or an authorized representative’s personnel, unless such repairs are made with the written
consent of Seller in accordance with procedures outlined by Seller.