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MATWELD, INC. PHONE:(270) 444-0085 FAX:(270) 443-6180
Matweld reserves the right to change parts, features, or specifications without notice.
08/09
LIMITED WARRANTY
MATWELD, INC., PADUCAH, KY., WARRANTS TO THE ORIGINAL PURCHASE OF THIS PRODUCT
THAT THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR THE
PERIOD OF ONE (1) YEAR AFTER THE DELIVERY OF SUCH PRODUCT TO THE CUSTOMER.
OTHER EQUIPMENT AND PARTS USED, BUT NOT MANUFACTURED BY MATWELD INC. ARE COV-
ERED DIRECTLY BY THE WARRANTY OF THE MANUFACTURER OF THOSE PRODUCTS. PROOF
OF PURCHASE MUST BE DOCUMENTED INCLUDING REFERENCE TO A SERIAL NUMBER LOCATED
ON EACH TOOL. THE PURCHASER’S ONLY REMEDIES UNDER THIS LIMITED WARRANTY SHALL BE
LIMITED AT MATWELD’S SOLE OPTION TO THE FOLLOWING: REPAIR, REPLACEMENT OR REFUND
OF THE PURCHASE PRICE OF THE DEFECTIVE PRODUCTS. EACH OF THESE REMEDIES RE-
QUIRES TIMELY NOTIFICATION OF THE DEFECT IN THE PRODUCT AND SUBSTANTIATION THAT THE
PRODUCT HAS BEEN PROPERLY STORED, MAINTAINED AND USED. MATWELD’S OBLIGATIONS
HEREUNDER EXTEND ONLY TO THE PURCHASER OF THE PRODUCT AND NOT TO ANY THIRD
PARTY.
AS A CONDITION PRECEDENT TO MATWELD’S OBLIGATION HEREUNDER, THE DEFECTIVE PROD-
UCT MUST NOT HAVE BEEN ALTERED OR MODIFIED WITHOUT THE EXPRESS WRITTEN APPROVAL
OF MATWELD, INC. THE PRODUCT MUST NOT HAVE BEEN SUBJECTED TO DELIBERATE DAMAGE,
SHIPPING DAMAGE, NEGLECT, TAMPERING BY UNAUTHORIZED PERSONNEL OR DAMAGE BY IM-
PROPER USE, STORAGE OR MAINTENANCE. SERIAL NUMBERS MUST NOT HAVE BEEN ALTERED,
DEFACED OR REMOVED. SUCH ACTION VOIDS LIMITED WARRANTY.
EXCLUSIONS TO LIMITED WARRANTY
THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, WRITTEN
OR ORAL, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WAR-
RANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITED WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR ITEMS SUCH AS FILTERS,
HOSES, COUPLERS, BITS, SOCKETS, AUGERS, AND BATTERIES.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED ABOVE, MATWELD SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE FOR
ANY INJURY, LOSS OR DAMAGE, DIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF THE
USE OR MISUSE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY INCLUDING, WITHOUT LIMITATIONS, BREACH OF CONTRACT, TORT, (INCLUDING NEG-
LIGENCE OR STREET LIABILITY) AND NOT WITHSTANDING ANY FAILURE OF ANY REMEDY HERIN OF
ITS ESSENTIAL PURPOSE, EVEN IF MATWELD WAS AWARE OF THIS POSSIBILITY OF SUCH DAM-
AGE. MATWELD’S LIMITED WARRANTY AS SET FORTH ABOVE SHALL NOT BE ENLARGED, DIMIN-
ISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OR GO OUT OF THE
RENDERING OF TECHNICAL ADVICE OR SERVICE BY MATWELD OR ITS AGENTS. THE FOREGO-
ING MAY NOT BE CHANGED EXCEPT BY WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED OF-
FICER OF MATWELD, THE REMEDIES SET FORTH HERIN ARE EXCLUSIVE.
