Xnexus NXS 150, Operating Manual

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Notice NOT 083
NXS 150
Rev : 00
Date : 13/10/05
WARRANTY POLICY STATEMENT
USER’S MANUAL
1. STATEMENT OF WARRANTY FOR NEXUS MACHINES
Limited Warrant :
Elégante Welding Group Limited (the “Supplier”), warrants that, subject to the conditions, exclusions and limitations set
out in clause 8 of the Supplier’s Terms and Conditions of Sale and in this Statement of Warranty (which shall operate in
conjunction with, and not in whole or in part to the exclusion of, each other), its products will be free of defects in
workmanship and materials. Should any failure to conform to this warranty within the warranty period applicable to the
Supplier’s products as stated below, the Supplier shall, upon notification of such failure or defect and substantiation that the
product has been stored, installed, operated and maintained in accordance with the Supplier’s specifications, instructions,
recommendations and recognized standard industry practice, and not subject to misuse, repair, neglect, alteration or accident,
correct such defects by suitable repair or replacement, at the Supplier’s sole option, of any components or parts of the product
determined by the Supplier to be defective.
The Supplier makes no other warranty, express or implied, than the warranties given in clause 8.1 of the Supplier’s
Terms and Conditions of Sale and in this Statement of Warranty.
These warranties are exclusive and, to the fullest extent permitted by law, in lieu of all others, including, but not limited
to, any warranty of merchantability, satisfactory quality or fitness for any particular purpose.
Limitation of liability:
Except in respect of any matters for which the supplier may not by law exclude or limit its liability: (i) the liability of the Supplier with respect to
any contract, or anything done in connection with any contract such as the performance or breach thereof, or from the manufacture, sale,
delivery, resale, or use of any of the Supplier’s products, whether arising out of contract or tort (including negligence) or under any warranty or
otherwise, shall not, except as expressly provided in clause 8 of the Supplier’s Terms and Conditions of Sale and/or this Statement of Warranty,
exceed the price of the products upon which such liability is based; and (ii) The Supplier shall not under any circumstances be liable for any
special, indirect or consequential loss or damages, such as, but not limited to, loss or damage of purchased or replacement products, or any
claims brought by customers of any distributor of the Supplier’s products (the “Purchaser”) for service interruption. The remedies of the
Purchaser set out in clause 8.1 of the Supplier’s Terms and Conditions of Sale and in this Statement of Warranty in respect of any breach of the
warranties given in clause 8.1 of the Supplier’s Terms and Conditions of Sale and in this Statement of Warranty are exclusive and, to the fullest
extent permitted by law, in lieu of all other rights and remedies available to the Purchaser under contract, at law or in equity. No employee,
agent or representative of the Supplier is authorised to change any of the warranties given in clause 8.1 of the Supplier’s Terms and Conditions
of Sale and/or in this Statement of Warranty in any way, or grant any other warranty.
The warranties given in clause 8.1 of the Supplier’s Terms and Conditions of Sale and in this Statement of Warranty:
(i) shall become invalid in respect of any product of the Supplier if replacement parts or accessories are incorporated or
used in such product, which in the Suppliers sole judgement may impair the safety or performance of that product, or
if such product is sold by any non-authorised person(s); (ii) do not cover fair wear and tear of any of the Supplier’s
products; and (iii) do not apply to any consumable, parts of, or accessories for, any of the Supplier’s products.
Subject to the conditions, exclusions and limitations set out in clause 8 of the Supplier’s Terms and Conditions of Sale and in
this Statement of Warranty, the warranty given in this Statement of Warranty shall remain effective in respect of any product
of the Supplier for the period of one (1) year from the date the Supplier delivers the product to the Purchaser, subject to: (i) any
extension of such warranty period requested by the Purchaser and agreed to in writing by the Supplier; and (ii) any further
conditions, exclusions and limitations (over and above those set out in clause 8 of the Supplier’s Terms and Conditions of Sale
and in this Statement of Warranty) which must be satisfied for the Supplier to provide its agreement to such extension and/or
which shall apply during the period of such extension.
Issue 3
November 2005
Page
5/20