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WARRANTY AND LIMITATION OF LIABILITY
Toshiba International Corporation (“Company”) warrants that all equipment and parts described herein will be
free from defects in materials and workmanship. THIS WARRANTY WILL EXPIRE EIGHTEEN (18) MONTHS
AFTER THE DATE ON WHICH SUCH EQUIPMENT AND PARTS (EXCLUDING REPAIRED OR REPLACEMENT
EQUIPMENT AND PARTS FURNISHED PURSUANT TO THIS WARRANTY) ARE SHIPPED BY THE COMPANY
TO THE INITIAL PURCHASER OR TWELVE (12) MONTHS AFTER SUCH EQUIPMENT AND PARTS (EXCLUDING
REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHED PURSUANT TO THIS WARRANTY) ARE
FIRST PLACED IN OPERATION, WHICHEVER PERIOD FIRST EXPIRES.
The Company will, at its option, repair or replace such equipment or part which is defective under the terms
of the foregoing warranty, free of charge; provided the purchaser (1) promptly notifies the Company in writing
of such defect, and (2) furnishes the Company satisfactory proof thereof, and (3) establishes that the
equipment or part has been properly installed, maintained and operated within the limits of rated capacity and
normal usage and in accordance with this manual, and (4) if requested by the Company, returns the defective
equipment or part to the Company and pays all expenses incurred in connection with such return. The repaired
or replacement equipment or part will be delivered, free of charge, to the purchaser F.O.B. the Company’s
warehouse or, at the Company’s option, F.O.B. a Company authorized service shop, not loaded on truck or
other carrier. The purchaser will pay the costs applicable to the equipment or part following such delivery,
including, without limitation, all handling, transportation, assembly, insurance, testing and inspection charges.
THE FOREGOING OBLIGATION TO REPAIR OR REPLACE EQUIPMENT PARTS SHALL BE THE SOLE AND
EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USERS OF THE EQUIPMENT AND PARTS
FOR BREACH OF THE FOREGOING WARRANTY.
THE COMPANY WILL HAVE NO OBLIGATIONS TO
DISASSEMBLE ANY EQUIPMENT OR PART WHICH IS DEFECTIVE WITHIN THE TERMS OF THE ABOVE
WARRANTY OR TO INSTALL ANY REPAIRED OR REPLACEMENT PART OR EQUIPMENT OR TO PAY ANY
COSTS INCURRED IN CONNECTION WITH ANY SUCH DISASSEMBLY OR INSTALLATION. THE COMPANY,
TOSHIBA CORPORATION AND THEIR SUPPLIERS AND SUBCONTRACTORS HEREBY DISCLAIM ALL OTHER
EXPRESS, STATUTORY AND IMPLIED WARRANTIES. INCLUDING, WITHOUT LIMITATION, ALL EQUIPMENT
AND PARTS FURNISHED PURSUANT TO THE FOREGOING WARRANTY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY.
The total liability of the Company, Toshiba Corporation and their suppliers and subcontractors for any loss,
damage or claim, whether in contact, tort (including negligence and liability without fault), or otherwise, arising
out of, connected with or resulting from the equipment and parts described in this manual or the performance
or breach of any contract for the sale or supply of such equipment and parts, or from the design, manufacture,
sale, delivery, resale, installation, technical direction or supervision of installation, inspection, testing, repair,
replacement, operation, maintenance or use of any such equipment or part or any service relating thereto
furnished by the Company shall not in any event exceed the price allocable to the equipment, part or service
which gives claim, loss or damage.
In no event, whether as a breach of contract or warranty, alleged
negligence, liability without fault, or otherwise, shall the Company, Toshiba Corporation or their suppliers or
subcontractors be liable for special or consequential damages, including, without limitation, loss or profits or
revenue, loss of equipment described herein or any associated equipment, cost of capital, cost of substitute
equipment or parts, facilities or services, down-time costs, labor costs or claims of customers of the purchaser
for such damages.
The Company will not assume liability for any such damages resulting from unauthorized modifications to the
equipment.
Phone: 800.894.0412 - Fax: 888.723.4773 - Web: www.clrwtr.com - Email: [email protected]