172-65379M-07 (LEX8-TZ) 6 Oct 2021
17
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 the “
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 purchased shall be known
her
einafter 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
