WARRANTY
iv
Hypertherm
4-08
These differences in national standards may make it
impossible or impractical for all certification test marks to
be placed on the same version of a product. For example,
the CSA versions of Hypertherm’s products do not
comply with European EMC requirements and they do
not have a CE marking on the data plate.
Countries that require CE marking or have compulsory
EMC regulations must use CE versions of Hypertherm
products with the CE marking on the data plate. These
include:
• Australia
• New Zealand
• Countries in the European Union
• Russia
It is important that the product and its certification test
mark be suitable for the end-use installation site. When
Hypertherm products are shipped to one country for
export to another country, the product must be configured
and certified properly for the end-use site.
Higher-level systems
When a system integrator adds additional equipment;
such as cutting tables, motor drives, motion controllers
or robots; to a Hypertherm plasma cutting system, the
combined system may be considered a higher-level
system. A higher-level system with hazardous moving
parts may constitute industrial machinery or robotic
equipment, in which case the OEM or end-use customer
may be subject to additional regulations and standards
than those relevant to the plasma cutting system as
manufactured by Hypertherm.
It is the responsibility of the end-use customer and the
OEM to perform a risk assessment for the higher-level
system and to provide protection against hazardous
moving parts. Unless the higher-level system is certified
when the OEM incorporates Hypertherm products into it,
the installation also may be subject to approval by local
authorities. Seek advice from legal counsel and local
regulatory experts if uncertain about compliance.
External interconnecting cables between component
parts of the higher level system must be suitable for
contaminants and movement as required by the final
end-use installation site. When the external
interconnecting cables are subject to oil, dust, or water
contaminants, hard usage ratings may be required.
When external interconnecting cables are subject to
continuous movement, constant flexing ratings may be
required. It is the responsibility of the end-use customer
or the OEM to ensure the cables are suitable for the
application. Since there are differences in the ratings and
costs that can be required by local regulations for higher-
level systems, it is necessary to verify that any external
interconnecting cables are suitable for the end-use
installation site.
Patent indemnity
Except only in cases of products not manufactured by
Hypertherm or manufactured by a person other than
Hypertherm not in strict conformity with Hypertherm’s
specifications and in cases of designs, processes,
formulae, or combinations not developed or purported to
be developed by Hypertherm, Hypertherm will defend or
settle, at its own expense, any suit or proceeding brought
against you alleging that the use of the Hypertherm
product, alone and not in combination with any other
product not supplied by Hypertherm, infringes any patent of
any third party. You shall notify Hypertherm promptly upon
learning of any action or threatened action in connection
with any such alleged infringement, and Hypertherm’s
obligation to indemnify shall be conditioned upon
Hypertherm’s sole control of, and the indemnified party’s
cooperation and assistance in, the defense of the claim.
Limitation of liability
In no event shall Hypertherm be liable to any person
or entity for any incidental, consequential, indirect,
or punitive damages (including but not limited to
lost profits) regardless of whether such liability is
based on breach of contract, tort, strict liability,
breach of warranties, failure of essential purpose or
otherwise and even if advised of the possibility of
such damages.
Liability cap
In no event shall Hypertherm’s liability, whether such
liability is based on breach of contract, tort, strict
liability, breach of warranties, failure of essential
purpose or otherwise, for any claim action suit or
proceeding arising out of or relating to the use of
the Products exceed in the aggregate the amount
paid for the Products that gave rise to such claim.
