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OIPB-I01029-Infinity2.0_v1.2
24. Warranty
Innovatech warrants to the original buyer, for a period of one (1) year or 300 operating
hours (whichever comes first) from the date of delivery, that the Equipment is free from
defects in materials and workmanship and that the Equipment conforms to the operating
specifications supplied with the Equipment. The foregoing warranty is subject to proper
operation and maintenance of the Equipment in accordance with the operating instruction
and manual supplied to Buyer with the Equipment.
Warranty claims shall be made by Buyer in writing. Innovatech’s sole obligation under the
foregoing warranty, where it appears to Innovatech’s satisfaction that the defect was
present at the time of delivery, is at Innovatech’s sole option, to repair, replace or correct
any such defect.
EXCEPT AS STATED ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. INNOVATECH
EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT EQUIPMENT SOLD
HEREUNDER IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR OR IS FIT FOR ANY
PARTICULAR PURPOSE. ANY DESCRIPTION OF THE EQUIPMENT IN THIS AGREEMENT OR IN
MANUALS, BROCHURES OR LITERATURE AND ANY USE OF ANY SAMPLE, MODEL OR PROTOTYPE
OF THE EQUIPMENT IS FOR THE SOLE PURPOSE OF IDENTIFYING OR ILLUSTRATING THE
EQUIPMENT, IS NOT PART OF THE BASIS OF THE AGREEMENT BETWEEN INNOVATECH AND
BUYER, AND DOES NOT CONSTITUTE A WARRANTY THAT THE EQUIPMENT, AS SUPPLIED, WILL
CONFORM TO ANY DESCRIPTION OR TO ANY SAMPLE, MODEL OR PROTOTYPE. INNOVATECH
DISCLAIMS ANY WARRANTY RESPECTING OPERATING CAPACITY OR CAPABILITY OF THE
EQUIPMENT OR THE ABILITY OF THE EQUIPMENT TO MEET ANY PARTICULAR NEEDS OF THE
BUYER. THE EQUIPMENT IS POWERED TO OPERATE AS STATED IN THE OPERATING
SPECIFICATIONS SUPPLIED WITH THE EQUIPMENT BUT IT IS UNDERSTOOD AND AGREED TO BUY
BUYER THAT ACTUAL OPERATING CAPABILITIES VARY UNDER DIFFERENT OPERATING
CONDITIONS FOR WHICH INNOVATECH CAN ASSUME NO RESPONSIBILITY.
BUYER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE FOR
REPAIR OR, AT INNOVATECH’S SOLE OPTION, REPLACEMENT OF ANY ITEM OF DEFECTIVE
EQUIPMENT.
INNOVATECH’S LIABILITY FOR ANY LOSSES OR DAMAGE, WHETHER ON ACCOUNT OF
NEGLIGENCE, BREACH, AND WARRANTY OR OTHERWISE SHALL IN NO EVENT EXCEED THE
PURCHASE PRICE OF
THE PARTICULAR ITEM OF EQUIPMENT WITH RESPECT TO WHICH SUCH
LOSSES OR DAMAGE OCCURRED.
IN NO EVENT WILL IN
NOVATECH BE LIABLE FOR ANY DAMAGES CAUSED BY BUYER’S FAILURE TO
PERFORM BUYER’S RESPONSIBILITIES, OR FOR ANY LOST PROFITS, LOST PRODUCTION, LOSS OF
ANTICIPATED PROFITS OF OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF
INNOVATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL INNOVATECH BE LIABLE FOR ANY DAMAGES RESULTING FROM ANY CLAIM
AGAINST BUYER BY ANY OTHER PARTY.
FACTORY SERVICE
A warranty will not be valid unless a written claim authorization comes with returned parts. Innovatech will not
provide for any shipping costs for items returned for repair. To obtain warranty repairs, buyer must prepay
shipment and return all warranty parts to Innovatech. Damage occurring during shipment is deemed the
responsibility of the carrier and claims should be made directly with such carrier.
It will be the customer’s responsibility to pay for any non-warranty replacement parts plus the current hourly
labor rates for any work done on any machine or part. Service is available upon request; call Innovatech for
current labor rates.