172-65230A-06 (LV6) 23 May 2019
13
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
”), which products (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).
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
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. 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
