172-65417MA-05 (FS21-L/FS21-H + BD2) 4 Oct 2021
16
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
s
pecifications 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. 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
