Tolomatic User Guide:
IMA-S Integrated Motor Rod-Style Actuator - Stainless Steel
• 40 •
C:
W A R R A N T Y
RESPECT TO THE PRODUCTS. TO THE FULL EXTENT PERMITTED BY LAW, TOLOMATIC DISCLAIMS
AND BUYER WAIVES ALL SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS INCLUDING BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. BUYER’S
SOLE REMEDY FOR BREACH OF WARRANTY IS STATED IN PARAGRAPH (d) ABOVE.
No Products shall be returned without Tolomatic’s prior written consent. Products which Tolomatic
consents to have returned shall be shipped by Buyer at Buyer’s risk and expense, freight prepaid, to
such location as Tolomatic designates.
Limitation of Liability
Tolomatic shall in no event be liable to Buyer or any third party, whether in contract, tort (including
negligence), misrepresentation, strict liability or otherwise, for any incidental, punitive, consequential,
indirect or special damages, including any loss of profits or savings or anticipated profits or savings,
loss of data, loss of opportunity, loss of reputation, loss of goodwill or business or potential business,
however caused, even if Tolomatic has been advised of the possibility of such damages in advance.
Under no circumstances shall Tolomatic’s liability to Buyer in connection with any purchase order or
Products supplied to Buyer exceed an amount equal to the amount paid by Buyer for such Products.
Buyer agrees and understands that it is solely Buyer’s responsibility to ensure that Products are
suitable for Buyer’s requirements and for the environment, facilities or machinery for which they are
intended by Buyer or by its end-customer to be fitted or used. Even if Tolomatic is advised of Buyer’s
intended use, Tolomatic makes no representation or warranty that the Product will be suitable for that
purpose. Any technical advice furnished by Tolomatic relating to the intended use of the Products
is given for information only and Tolomatic assumes no obligation or liability for the advice given or
the results obtained. Except insofar as specifications or drawings form part of a purchase order and
the Product Warranty, to the full extent permitted by law, Tolomatic disclaims and Buyer waives all
representations, warranties and covenants that may be implied from the provision by Tolomatic of
technical advice or information about Product. All such advice and information are accepted by Buyer
at its risk.
Insofar as any liability or warranty of Tolomatic cannot be limited or excluded under applicable law,
including any laws that do not permit limitations on liability relating to death or personal injury, the
provisions of these terms and conditions shall be construed as being subject to such legal limitations,
but only if those legal provisions have effect in relation to Tolomatic’s liability notwithstanding the
governing law provision in Section 18
Product Return Procedure
1. Before initiating the RMA process and obtaining an RMA number, please contact the
Tolomatic Technical Support team to determine if it is possible to correct the issue in the
field.
2. If an RMA is needed your Tolomtic Technical support team will initiate the RMA process and
set up an RMA number.