FLANGING MACHINE
95
F-200
16. T-DRILL STANDARD WARRANTY
T-Drill agrees to warrant to the original purchaser, that the Product is free from defects in material and
workmanship under normal use and service. The warranty period is: (a) twelve (12) months from the date of
taking-over, or (b) 2000 hours of operation from the date of taking-over, or (c) eighteen (18) months from the
date of delivery to the Customer, whichever occurs first. For spare parts and packages for retrofit the warranty
period is 6 months from the date of delivery to the Customer. Warranty is not transferable from the original
purchaser to further owners.
Extended warranty shall be available only subject to separate written Service agreement between T-Drill and
the Customer.
In the event that the Customer wants to avail itself of this warranty, the Customer shall complete the
Warranty Claim Form and send it to T-Drill without delay, and in any event within seven (7) days of the
Customer being put on notice of the defect. The Customer shall, immediately upon being put on notice of a
defect in the Product, take all reasonable steps to avoid aggravation of the defect or further damage to the
Product.
In the event of a valid warranty claim, T-Drill shall, at its sole discretion, have the option of repairing or
replacing the relevant part or parts free of charge and supplying them to the Customer. In such cases, replaced
parts may be either new or factory refurbished, at T-Drill’s discretion. Repair or replacement services shall be
carried out by the Customer at its own risk and expense. The Customer shall ensure that T-Drill or any third
party appointed by T-Drill have all necessary access to the Product in question. In no event shall the Customer
have a right to return any Product without the prior written consent of T-Drill. The Customer acknowledges
and agrees that the provisions of this warranty constitute the sole and exclusive remedy available to it with
regard to said defective Products.
This warranty shall not extend to any Product which has been: (a) rendered in need of repair due to
normal wear and tear; (b) subjected to unusual physical or other stress (e.g. from electricity, gas, water or
compressed air), misuse, neglect, accident or abuse, or damaged by any other external causes; (c) repaired or
altered by any third party or maintenance is carried out by other than T-Drill authorized service provider; (d)
improperly installed by any third party; (e) installed on foundations or in environmental conditions which are
not in accordance with specifications; (f) used or maintained in violation of instructions furnished by T-Drill; (g)
rendered defective due to materials, components, use of other spare parts than T-Drill’s original spare parts,
or design provided by T-Drill; or (h) rendered defective or in need of repair due to any other cause which is
not under the control of T-Drill. The warranty does not cover defects which are insignificant to the use of
the Product, such as repair of superficial scratches. In addition the warranty does not cover the adjustments
or structural changes to the Product, nor any per diem, traveling costs, freights or remuneration for out-of-
operation days.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES
AND GUARANTEES WITH RESPECT TO THE PRODUCT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY T-DRILL OR OTHERWISE (INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY
OVERRIDDEN, EXCLUDED AND DISCLAIMED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL T-DRILL OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR
UNFORESEEABLE, BASED ON CLAIMS OF THE CUSTOMER (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR
LOSS OF GOODWILL, LOSS OF SHARE VALUE OR INVESTMENT, USE OF MONEY OR USE OF THE PRODUCTS,
INTERRUPTION IN USE OR AVAILABILITY, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS),
ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT,
MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT IN THE CASE OF
PERSONAL INJURY CAUSED DESPITE THE PROPER USE OF THE PRODUCTS, IF AND TO THE EXTENT REQUIRED
BY APPLICABLE LAW. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH T-DRILL OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE
TOTAL AMOUNT ACTUALLY PAID TO T-DRILL BY THE CUSTOMER FOR THE SPECIFIC PRODUCT THAT DIRECTLY
CAUSED THE DAMAGE.
