9. TLV EXPRESS LIMITED WARRANTY
Subject to the limitations set forth below, TLV Corporation, a North Carolina corporation (“
TLV
”)
warrants that products which are sold by it, TLV CO., LTD., a Japanese corporation (“
TLVJ
”) or
TLV International, Inc., a Japanese corporation (“
TII
”), (hereinafter the “
Products
”) are designed
and manufactured by TLVJ, conform to the specifications published by TLV for the corresponding
part numbers (the “
Specifications
”) and are free from defective workmanship and materials. With
regard to products or components manufactured by unrelated third parties (the “
Components
”),
TLV provides no warranty other than the warranty from the third party manufacturer(s), if any.
Exceptions to Warranty
This warranty does not cover defects or failures caused by:
1. improper shipping, installation, use, handling, etc., by other than TLV or service
representatives authorized by TLV; or
2. dirt, scale or rust, etc.; or
3. improper disassembly and reassembly, or inadequate inspection and maintenance by other
than TLV or service representatives authorized by TLV; or
4. disasters or forces of nature or Acts of God; or
5. abuse, abnormal use, accidents or any other cause beyond the control of TLV; or
6. improper storage, maintenance or repair; or
7. operation of the Products not in accordance with instructions issued with the Products or with
accepted industry practices; or
8. use for a purpose or in a manner for which the Products were not intended; or
9. use of the Products in a manner inconsistent with the Specifications; or
10. use of the Products with Hazardous Fluids (fluids other than steam, air, water, nitrogen,
carbon dioxide and inert gases (helium, neon, argon, krypton, xenon and radon)); or
11. failure to follow the instructions contained in the TLV Instruction Manual for the Product.
Duration of Warranty
This warranty is effective for a period of the earlier of: (i) three (3) years after delivery of Products
to the first end user in the case of sealed SST-Series Products for use in steam pressure service
up to 650 psig; (ii) two (2) years after delivery of Products to the first end user in the case of
PowerTrap® units; or (iii) one (1) year after delivery of Products to the first end user in the case of
all other Products. Notwithstanding the foregoing, asserting a claim under this warranty must be
brought by the earlier of one of the foregoing periods, as applicable, or within five (5) years after
the date of delivery to the initial buyer if not sold initially to the first end user.
ANY IMPLIED WARRANTIES NOT NEGATED HEREBY WHICH MAY ARISE BY OPERATION OF
LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY EXPRESS WARRANTIES NOT NEGATED HEREBY, ARE
GIVEN SOLELY TO THE INITIAL BUYER AND ARE LIMITED IN DURATION TO ONE (1) YEAR
FROM THE DATE OF SHIPMENT BY TLV.
Exclusive Remedy
THE EXCLUSIVE REMEDY UNDER THIS WARRANTY, UNDER ANY EXPRESS WARRANTY OR
UNDER ANY IMPLIED WARRANTIES NOT NEGATED HEREBY (INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), IS
REPLACEMENT;
PROVIDED: (a) THE CLAIMED DEFECT IS REPORTED TO TLV IN WRITING
WITHIN THE APPLICABLE WARRANTY PERIOD, INCLUDING A DETAILED WRITTEN
DESCRIPTION OF THE CLAIMED DEFECT AND HOW AND WHEN THE CLAIMED DEFECTIVE
PRODUCT WAS USED; AND (b) THE CLAIMED DEFECTIVE PRODUCT AND A COPY OF THE
PURCHASE INVOICE IS RETURNED TO TLV, FREIGHT AND TRANSPORTATION COSTS
PREPAID, UNDER A RETURN MATERIAL AUTHORIZATION AND TRACKING NUMBER ISSUED
BY TLV. ALL LABOR COSTS, SHIPPING COSTS, AND TRANSPORTATION COSTS
ASSOCIATED WITH THE RETURN OR REPLACEMENT OF THE CLAIMED DEFECTIVE
PRODUCT ARE SOLELY THE RESPONSIBILITY OF BUYER OR THE FIRST END USER. TLV
RESERVES THE RIGHT TO INSPECT ON THE FIRST END USER’S SITE ANY PRODUCTS
CLAIMED TO BE DEFECTIVE BEFORE ISSUING A RETURN MATERIAL AUTHORIZATION.
SHOULD SUCH INSPECTION REVEAL, IN TLV’S REASONABLE DISCRETION, THAT THE
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