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MATWELD, INC. PHONE:(270) 444-0085 FAX:(270) 443-6180
Matweld reserves the right to change parts, features, or specifications without notice.
02/09
LIMITED WARRANTY
MATWELD, INC., PADUCAH, KY., WARRANTS TO THE ORIGINAL PURCHASE OF THIS PROD-
UCT THAT THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP
FOR THE PERIOD OF ONE (1) YEAR AFTER THE DELIVERY OF SUCH PRODUCT TO THE
CUSTOMER. OTHER EQUIPMENT AND PARTS USED, BUT NOT MANUFACTURED BY MATWELD
INC. ARE COVERED DIRECTLY BY THE WARRANTY OF THE MANUFACTURER OF THOSE PROD-
UCTS. PROOF OF PURCHASE MUST BE DOCUMENTED INCLUDING REFERENCE TO A SERIAL
NUMBER LOCATED ON EACH TOOL. THE PURCHASER’S ONLY REMEDIES UNDER THIS LIM-
ITED WARRANTY SHALL BE LIMITED AT MATWELD’S SOLE OPTION TO THE FOLLOWING: RE-
PAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE DEFECTIVE PROD-
UCTS. EACH OF THESE REMEDIES REQUIRES TIMELY NOTIFICATION OF THE DEFECT IN THE
PRODUCT AND SUBSTANTIATION THAT THE PRODUCT HAS BEEN PROPERLY STORED, MAIN-
TAINED AND USED. MATWELD’S OBLIGATIONS HEREUNDER EXTEND ONLY TO THE PUR-
CHASER OF THE PRODUCT AND NOT TO ANY THIRD PARTY.
AS A CONDITION PRECEDENT TO MATWELD’S OBLIGATION HEREUNDER, THE DEFECTIVE PROD-
UCT MUST NOT HAVE BEEN ALTERED OR MODIFIED WITHOUT THE EXPRESS WRITTEN APPROVAL
OF MATWELD, INC. THE PRODUCT MUST NOT HAVE BEEN SUBJECTED TO DELIBERATE DAMAGE,
SHIPPING DAMAGE, NEGLECT, TAMPERING BY UNAUTHORIZED PERSONNEL OR DAMAGE BY
IMPROPER USE, STORAGE OR MAINTENANCE. SERIAL NUMBERS MUST NOT HAVE BEEN AL-
TERED, DEFACED OR REMOVED. SUCH ACTION VOIDS LIMITED WARRANTY.
EXCLUSIONS TO LIMITED WARRANTY
THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, WRITTEN
OR ORAL, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WAR-
RANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITED WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR ITEMS SUCH AS FILTERS,
HOSES, COUPLERS, BITS, SOCKETS, AUGERS, AND BATTERIES.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED ABOVE, MATWELD SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE
FOR ANY INJURY, LOSS OR DAMAGE, DIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING
OUT OF THE USE OR MISUSE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY INCLUDING, WITHOUT LIMITATIONS, BREACH OF CONTRACT,
TORT, (INCLUDING NEGLIGENCE OR STREET LIABILITY) AND NOT WITHSTANDING ANY FAIL-
URE OF ANY REMEDY HEREIN OF ITS ESSENTIAL PURPOSE, EVEN IF MATWELD WAS AWARE
OF THIS POSSIBILITY OF SUCH DAMAGE. MATWELD’S LIMITED WARRANTY AS SET FORTH
ABOVE SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR
LIABILITY SHALL ARISE OR GO OUT OF THE RENDERING OF TECHNICAL ADVICE OR SERVICE
BY MATWELD OR ITS AGENTS. THE FOREGOING MAY NOT BE CHANGED EXCEPT BY WRITTEN
AGREEMENT SIGNED BY AN AUTHORIZED OFFICER OF MATWELD, THE REMEDIES SET FORTH
HEREIN ARE EXCLUSIVE.
