2700-4001_22 IMA Manual
56
Last Revision: 12/14/2021
A
PPENDIX
C:
W
ARRANTY
C.1 Warranty
Warranty and Limitation of Liability
Tolomatic’s complete terms and conditions can be found here
https://www.tolomatic.com/info-center/resource-
Limited Warranty
Tolomatic warrants that at the time of delivery, Products shall be in good condition, free from defects in material
and workmanship and that Products made to order shall conform to applicable drawings or specifications as
referenced in the quotation or accepted purchase order (“Product Warranty”). The Product Warranty shall expire
one year from date of shipment (the “Warranty Period”). Tolomatic warrants that Buyer shall acquire good title to
the Products free from third party rights. These warranties are given only to Buyer and not to any third party.
The Product Warranty excludes any defects or non-conformance resulting (wholly or in part) from: (i) accidental
damage, mishandling, incorrect installation, negligence or other circumstances arising after delivery; (ii) the repair
or alteration of the Product by any party other than Tolomatic or its authorized representative; (iii) the failure by
Buyer to provide a suitable storage, use, or operating environment for the Products; (iv) Buyer’s use of the
Products for a purpose or in a manner other than that for which they were designed; and (v) other abuse, misuse
or neglect of the Products by Buyer or any third party.
The Product Warranty excludes any Products not manufactured by Tolomatic. Insofar as any Products are
manufactured by third parties, Tolomatic shall, insofar as it can, pass to the Buyer the benefit of all warranties
given by the supplier of such Products.
The Product Warranty shall be limited to defects of which Tolomatic is notified within twenty-one (21) days from the
date of shipment to Buyer or, in the event of latent defects, within twenty-one (21) days of the defect being
discovered and provided that such notice is received within the Warranty Period. As sole remedy for the breach of
the warranty in paragraph (a) above, provided that (if required by Tolomatic) all non-conforming Products are
returned to Tolomatic at Buyer’s cost, and provided that Tolomatic confirms the defect or non-conformance,
Tolomatic shall at its option (i) replace or repair the defective or non-conforming items, or correct any defective
work or non-conformance, or (ii) refund to Buyer the original purchase price of the defective or non-conforming
item and reimburse to Buyer any transportation and insurance charges incurred by Buyer.
Any claim by Buyer against Tolomatic alleging the breach of the Product Warranty must be commenced within
twelve (12) months following the date of the alleged breach.
In the event the parties disagree whether or not a breach of the Product Warranty has occurred, Tolomatic may
(but shall not be obliged to) undertake any repairs or replacement requested by Buyer pending final settlement of
the matter. If it is determined that no such breach has occurred, Buyer shall pay Tolomatic upon demand the
reasonable price of the repairs, corrections, or replacements made by Tolomatic including allowances for
overheads and a reasonable profit margin.
THE WARRANTIES EXPRESSLY MADE UNDER THESE TERMS ARE EXCLUSIVE AND GIVEN IN LIEU OF
ALL OTHER REPRESENTATIONS, WARRANTIES AND COVENANTS THAT MAY BE IMPLIED BY LAW, BY
CUSTOM OF TRADE, BY THESE TERMS, BY THE PURCHASE ORDER OR OTHERWISE WITH 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),