WARRANTY AND DISCLAIMERS
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HT4100 Instruction Manual: Operation
GENERAL
HYPERTHERM, Inc. warrants that Products shall be free from defects in materials and workmanship, under proper and normal
use for which such Equipment is recommended, for a period of two (2) years, except only with respect to the Torch, for which
the warranty period shall be one (1) year, from the date of its delivery to you
.
HYPERTHERM, at its sole option, shall repair, replace, or adjust, free of charge, any Products covered by this warranty which
shall be returned with HYPERTHERM's prior authorization (which shall not be unreasonably withheld), properly packed, to
HYPERTHERM's place of business in Hanover, New Hampshire, all costs, insurance and freight prepaid, and which examina-
tion proves not to be free from defects in materials and workmanship. HYPERTHERM shall not be liable for any repairs,
replacements, or adjustments of Products covered by this warranty, except those made pursuant to this paragraph or with
HYPERTHERM's written consent. This warranty shall not apply to any Product which has been mishandled, incorrectly
installed, modified or assembled by you or any other person. HYPERTHERM shall be liable for breach of this warranty only if it
receives written notice of such breach within the applicable warranty period specified herein above. THE FOREGOING SHALL
CONSTITUTE THE SOLE REMEDY TO DISTRIBUTORS OR THEIR CUSTOMERS FOR ANY BREACH BY HYPERTHERM
OF ITS 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 agrees to indemnify, protect and hold harmless
Distributors and their customers against any and all liability or claims in any manner imposed upon or accruing against
Distributors and their customers because of the use in or about the construction or operation of Equipment or any design,
system, formula, combination, article or material which infringes or alleges to infringe on any patent or other right. Distributors
shall notify HYPERTHERM promptly upon learning of any action or threatened action in connection with any such alleged
infringement, and each party may appoint its own counsel for any such action or threatened action.
DISCLAIMER OF OTHER WARRANTIES
HYPERTHERM MAKES NO WARRANTIES REGARDING PRODUCTS MANUFACTURED BY IT OR OTHERS (INCLUDING
WITHOUT IMPLIED LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUR-
POSE), EITHER EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN. This warranty is in lieu of any and all warranties,
express or implied, by law or otherwise; and Distributors are not authorized to give any other warranty purporting to be binding
upon HYPERTHERM upon resale of Products to their customers. IN NO EVENT shall HYPER-THERM be liable for incidental
or consequential damages or injury to the person or property of anyone by reason of any defect in any Equipment sold
hereunder.
PLUMBING AND ELECTRICAL CODES
National and local codes governing plumbing and electrical installation shall take precedent over any instructions contained in
this manual. IN NO EVENT shall Hypertherm be liable for incidental or consequential injury to persons or property damage by
reason of any code violation or poor work practices.
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