172-65450MA-06 (JH5SL-P/JH5SH-P) 8 Nov 2021
14
TLV EXPRESS LIMITED WARRANTY
Subject to the limitations set forth below, TLV CO., LTD., a Japanese corporation
(“
TLV
”), warrants that products which are sold by it, TLV International Inc. (“
TII
”) or one
of its group companies excluding TLV Corporation (a corporation of the United States of
America), (hereinafter th
e “
Products
”) are designed and manufactured by TLV, conform
to the specifications published by TLV for the corresponding part numbers (the
“
Specifications
”) and are free from defective workmanship and materials. The party
from whom the Products were purcha
sed shall be known hereinafter as the “
Seller
”.
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 persons other than TLV, TII or
TLV group company personnel, 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 persons other than TLV or TLV group company personnel, 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, TII
or TLV group companies; 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 one (1) year after delivery of Products to the first
end user. Notwithstanding the foregoing, asserting a claim under this warranty must be
brought within three (3) 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 THE SELLER.
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 THE SELLER IN WRITING WITHIN THE 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
