172-65165MA-05 (HR80A) 13 Sep 2021
11
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 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.
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 INVOICE IS RETURNED TO THE SELLER,
FREIGHT AND TRANSPORTATION COSTS PREPAID, UNDER A RETURN MATERIAL
AUTHORIZATION AND TRACKING NUMBER ISSUED BY THE SELLER. ALL LABOR
