9
WARRANTY
INNOVATECH warrants to the original retail purchaser of the equipment and may not be transferred:
Proof of purchase must be presented when requesting warranty service.
Limited Warranty. The equipment, when first delivered, will conform to the specifications set forth in the Owner’s
Manual and will be without defect in material or workmanship for a period of ninety (90) calendar days after delivery
to the original retail purchaser; or in the case of replacement parts other than belts, for a period of ninety (90) days
after the part is installed or within the warranty period described above, whichever is later, if the original retail
purchaser notifies INNOVATECH (either directly or through one of INNOVATECH’S authorized dealers) of a defect in
material or workmanship or of a non-conformity to the specifications, then, upon confirmation of the defect of non-
conformity and confirmation that the defect or nonconformity is covered within these Limited Warranty conditions,
INNOVATECH will, at it’s election and at it’s expense, either (i) repair or correct the defect and/or non-conformity, or
(ii) replace the part.
A.
Limitations. This Limited Warranty does not apply to damage caused by (i) misuse of the equipment
including, without limitation, use of the wrong power source, striking an embedded object such as a
bolt, electrical outlet box, expansion joint or steel reinforcing rod; or (ii) unauthorized alteration,
modification, repair or tampering; or (iii) use of replacement parts not supplied by INNOVATECH; or
(iv) normal wear, discoloration, surface corrosion, deterioration of finishes or paint surfaces, or (v)
other appearance deterioration caused primarily by use. INNOVATECH shall not be responsible and
this Limited Warranty shall not apply to damage caused by improper maintenance or failure to
inspect and maintain the equipment as recommended in the Owner’s Manual.
B.
Transportation. Purchaser will pay the cost of transporting defective or non-conforming parts to
INNOVATECH and the cost of returning repaired or replacement parts to the purchaser. Each party
will safely package the parts it sends to the other in accordance with good commercial practice. If
purchaser requests and INNOVATECH agrees, INNOVATECH may perform covered warranty work
where the equipment is located. If INNOVATECH performs the work at the locations, purchaser will
pay the cost of business class transportation and good quality meals and lodging for INNOVATECH’s
technicians.
C.
Abuse. INNOVATECH IS NOT RESPONSIBLE FOR DAMAGE, DEFECT, BREAKAGE OR MALFUCTION OF
THE EQUIPMENT THAT IS CUASED BY ABUSE OR BY OPERATION OF THE EQUIPMENT IN A MANNER
WHICH IS NOT RECOMMEDED OR APPROVED BY INNOVATECH.
D.
Exclusive Warranty. EXCEPT AS IS EXPRESSLY SET OUT IN THE THIS LIMITED WARRANTY: (i)
INNOVATECH MAKES NO PROMISE OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO
THE EQUIPMENT; (ii) INNOVATECH MAKES NO PROMISE OR WARRANTY THAT THE EQUIPMENT IS
FIT FOR ANY PARTICULAR PURPOSE; (iii) INNOVATECH WILL HAVE NO OBLIGATION OR LIABILATIY
TO THE PURCHASER OR TO ANY THIRD PARTY FOR ANY DAMAGE CASUED BY THE EQUIPMENT OR
AS A RESULT OR CONSEQUENCE OF ANY CLAIMED DEFECT IN THE EQUIPMENT, ANY FAILURE TO
WARN OR NOTIFY, OR ANY CLAIMED NON-CONFORMITY TO THE SPECIFICATIONS; AND (iv)
PURCHASER WILL HAVE NO OTHER REMEDIES IN RESPECT OF SUCH DEFECT, NON-CONFORMITY,
DAMAGE OR CONDITION EXCEPT THOSE SET OUT IN THIS LIMITED WARRANTY.
WITHOUT LIMITING THE FOREGOING, AND REGARDLESS OF THE CIRMCUMSTANCES AND EVEN IF
A REMEDY FAILS, INNOVATECH WILL HAVE NO LIABILITY TO THE PURCHASER OR TO ANY THIRD
PARTY FOR (i) LOSS OF REVENUE OR PROFITS, OR (ii) FOR INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES.
