Hoffer CAT3-DC-MIL, User Manual, Page: 4 / 29

HFC 9708
LIMITED WARRANTY
HOFFER FLOW CONTROLS, INC. ("HFC") warrants HFC's products ("goods")
described in the specifications incorporated in this manual to be free from defects in
material and workmanship under normal use and service, but only if such goods have
been properly selected for the service intended, properly installed and properly
operated and maintained. This warranty shall extend for a period of one (1) year from
the date of delivery to the original purchaser (or eighteen (18) months if the delivery to
the original purchaser occurred outside the continental United States). This warranty
is extended only to the original purchaser ("Purchaser").
Purchaser's sole and
exclusive remedy is the repair and/or replacement of nonconforming goods as
provided in the following paragraphs.
In the event Purchaser believes the goods are defective, the goods must be returned to
HFC, transportation prepaid by Purchaser, within twelve (12) months after delivery of
goods (or eighteen (18) months for goods delivered outside the continental United
States) for inspection by HFC. If HFC's inspection determines that the workmanship
or materials are defective, the goods will be either repaired or replaced, at HFC's sole
determination, free of additional charge, and the goods will be returned, transportation
paid by HFC, using the lowest cost transportation available.
Prior to returning the goods to HFC, Purchaser must obtain a Returned Material
Authorization (RMA) Number from HFC's Customer Service Department within 30
days after discovery of a purported breach of warranty, but no later than the warranty
period; otherwise, such claims shall be deemed waived. See the Return
Requests/Inquiries Section of this manual.
If HFC's inspection reveals the goods are free of defects in material and workmanship
or such inspection reveals the goods were improperly used, improperly installed,
and/or improperly selected for service intended, HFC will notify the purchaser in
writing and will deliver the goods back to Purchaser upon (i) receipt of Purchaser's
written instructions and (ii) the cost of transportation. If Purchaser does not respond
within thirty (30) days after notice from HFC, the goods will be disposed of in HFC's
discretion.
HFC does not warrant these goods to meet the requirements of any safety code of any
state, municipality, or other jurisdiction, and Purchaser assumes all risk and liability
whatsoever resulting from the use thereof, whether used singly or in combination with
other machines or apparatus.
This warranty shall not apply to any HFC goods or parts thereof, which have been
repaired outside HFC's factory or altered in any way, or have been subject to misuse,
negligence, or accident, or have not been operated in accordance with HFC's printed
instructions or have been operated under conditions more severe than, or otherwise
exceeding, those set forth in the specifications for such goods.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
HFC
SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING
,
DIRECTLY OR INDIRECTLY
,
FROM THE USE OR LOSS OF USE OF THE GOODS
. W
ITHOUT
LIMITING THE GENERALITY OF THE FOREGOING
,
THIS EXCLUSION FROM LIABILITY
EMBRACES THE
P
URCHASER
'
S EXPENSES FOR DOWNTIME OR FOR MAKING UP
DOWNTIME
,
DAMAGES FOR WHICH THE
P
URCHASER MAY BE LIABLE TO OTHER
PERSONS
,
DAMAGES TO PROPERTY
,
AND INJURY TO OR DEATH OF ANY PERSONS
. HFC
NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER
LIABILITY IN CONNECTION WITH THE SALE OR USE OF
HFC'
S GOODS
,
AND THERE ARE
NO ORAL AGREEMENTS OR WARRANTIES COLLATERAL TO OR AFFECTING THE
AGREEMENT
. P
URCHASER
'
S SOLE AND EXCLUSIVE REMEDY IS THE REPAIR AND
/
OR
REPLACEMENT OF NONCONFORMING GOODS AS PROVIDED IN THE PRECEDING
PARAGRAPHS
. HFC
SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER
INCLUDING INDIRECT
,
INCIDENTAL
,
OR CONSEQUENTIAL DAMAGES
.