RS4203 Manual
Terms and Conditions For Use
Rev 32, 01/11/13
Copyright © 2013, Tipper Tie, Inc., All rights reserved
9
Terms and Conditions for Use
1.A Warranty. Limitation of Liability.
Tipper Tie, Inc. warrants the Products will, upon delivery to
Customer, conform to the description and specifications set forth herein and will be free from defects in
material and workmanship. For Clip, Loop and Wire products, Tipper Tie, Inc shall replace any product
that becomes defective within the 60 day period following the date of sale. For Parts, Clippers, and
Machines, Tipper Tie, Inc. shall repair or replace, at its option, any product that becomes defective within
6 months of the date of shipment. The repair or replacement of Products shall occur within a commercially
reasonable period following receipt of a declaration from the Customer. Items, components, or parts
covered by the forgoing warranty shall be returned to Tipper Tie, Inc., f.o.b. Apex, North Carolina. All
items, components, or parts replaced under this warranty shall become the property of Tipper Tie, Inc.
The warranty becomes immediately void in every case where repairs affecting the Product’s operation or
safety are compromised or where modifications or alterations are carried out by the Purchaser or by third
parties without the prior written consent of Tipper Tie. The warranty does not cover damages caused by
insufficient, incorrect or forceful operation of the Product, by failure to observe the operating instructions,
by overloading, by the use of materials, consumables or accessories not manufactured by Tipper Tie or
specifically approved in writing by Tipper Tie for use with the Product, by chemical or electrolytic action,
by the use of spare parts from an outside source, or by any event of force majeure.
1.B
Tipper Tie makes no warranties for damages resulting from normal or excessive wear of
component parts to include, but not be limited to, punches, dies, knife blades, skin brakes, Teflon coated
parts, or conveyor belts and other parts which by their nature as a result of normal equipment operation
wear out and must be replaced. Tipper Tie makes no warranties as to any equipment or accessories not
manufactured by Tipper Tie, and Purchaser shall be limited only to the warranties, if any, provided by the
manufacturer of such equipment or accessories. Any declaration made under this warranty must be
presented, in writing, to Tipper Tie during the Warranty Period.
1.C
Tipper Tie, Inc. will not be liable for personal injury or property damage nor shall it have obligations
or liabilities for consequential damages including but not limited to product loss, film loss and lost profits
even if advised of the possibility of such
. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer
further agrees that Tipper Tie, Inc.’s liability hereunder for damages including but not limited to patent and
copyright infringement shall not exceed the aggregate sum paid hereunder by Customer to the date the
amount of such liability is determined.
2.A Implied Patent and Copyright License.
Customer is granted an implied license to practice the
inventions and authored works of Tipper Tie incorporated in the Product which license is limited and does
not include any unauthorized reconstruction of the Product. Unauthorized reconstruction shall constitute
infringement for which Customer shall be liable pursuant to Title 35 and Title 17 of the United States
Code (US Patent and Copyright Act), and shall be subject to injunction, and damages payment of all
attorney fees and costs.
2.B Patent and Copyright Indemnification.
If notified promptly in writing of any action brought
against Customer, based on a claim that the Product infringes a United States Patent or copyright, Tipper
Tie, Inc. will defend such action at its expense and will pay the costs and damages awarded in any such
action, provided that Tipper Tie, Inc. shall have the sole control of the defense of any such action and all
negotiations for its settlement or compromise. In the event that a final injunction shall be obtained against
the Customer’s use of the Product by reason of infringement of a United States patent or copyright,
Tipper Tie, Inc. will, at its option and at its expense, either procure for the Customer the right to continue
using the Product, replace or modify the same so that it becomes non-infringing, or grant Customer a
credit for such Product as depreciated and accept its return. Customer shall hold Tipper Tie, Inc.
harmless against any expense, judgment or loss for infringement of any patents or copyrights which result
from Tipper Tie, Inc.’s compliance with Customer’s designs, specifications, or any unauthorized
reconstruction of Product.
