Hypertherm Duramax Series, Operator'S Manual

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W-2 Compliance Information
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WARRANTY
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 have
the right to 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 in any event no longer than
fourteen (14) days after learning of any action or threat
of action), and Hypertherm’s obligation to defend 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
direct, indirect, punitive or exemplary damages
(including but not limited to lost profits)
regardless of whether such liability is based on
breach of contract, tort, strict liability, breach
of warranty, failure of essential purpose, or
otherwise, and even if advised of the possibility
of such damages.
National and local codes
National and local codes governing plumbing and
electrical installation shall take precedence over any
instructions contained in this manual. In no event shall
Hypertherm be liable for injury to persons or property
damage by reason of any code violation or poor work
practices.
Liability cap
In no event shall Hypertherm’s liability, if any,
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 (whether
in court, arbitration, regulatory proceeding or
otherwise) 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.
Insurance
At all times you will have and maintain insurance in such
quantities and types, and with coverage sufficient and
appropriate to defend and to hold Hypertherm harmless
in the event of any cause of action arising from the use
of the products.
Transfer of rights
You may transfer any remaining rights you may have
hereunder only in connection with the sale of all or
substantially all of your assets or capital stock to a
successor in interest who agrees to be bound by all of
the terms and conditions of this Warranty. Within thirty
(30) days before any such transfer occurs, you agree to
notify in writing Hypertherm, which reserves the right of
approval. Should you fail timely to notify Hypertherm and
seek its approval as set forth herein, the Warranty set
forth herein shall be null and void and you will have no
further recourse against Hypertherm under the Warranty
or otherwise.