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 or TLV International, Inc., a Japanese corporation
(“TII”), which products (the “Products”) are designed and
manufactured by TLV Co., Ltd., a Japanese corporation (“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
TRANSPORTATION COSTS PREPAID, UNDER A RETURN
MATERIAL AUTHORIZATION AND TRACKING NUMBER
ISSUED BY TLV. ALL LABOR COSTS, SHIPPING COSTS, AND
TRANSPORTATION COSTS ASSOCIATED WITH THE RETURN
OR REPLACEMENT OF THE CLAIMED DEFECTIVE PRODUCT
ARE SOLELY THE RESPONSIBILITY OF BUYER OR THE
FIRST END USER. TLV RESERVES THE RIGHT TO INSPECT
ON THE FIRST END USER’S SITE ANY PRODUCTS CLAIMED
TO BE DEFECTIVE BEFORE ISSUING A RETURN MATERIAL
AUTHORIZATION. SHOULD SUCH INSPECTION REVEAL, IN
TLV’S REASONABLE DISCRETION, THAT THE CLAIMED
DEFECT IS NOT COVERED BY THIS WARRANTY, THE PARTY
ASSERTING THIS WARRANTY SHALL PAY TLV FOR THE
TIME AND EXPENSES RELATED TO SUCH ON-SITE
INSPECTION.
Exclusion Of Consequential And Incidental Damages
IT IS SPECIFICALLY ACKNOWLEDGED THAT THIS
WARRANTY, ANY OTHER EXPRESS WARRANTY NOT
NEGATED HEREBY, AND ANY IMPLIED WARRANTY NOT
NEGATED HEREBY, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, DO NOT COVER, AND NEITHER
TLV, TII NOR TLVJ WILL IN ANY EVENT BE LIABLE FOR,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO LOST PROFITS, THE COST OF
DISASSEMBLY AND SHIPMENT OF THE DEFECTIVE
PRODUCT, INJURY TO OTHER PROPERTY, DAMAGE TO
BUYER’S OR THE FIRST END USER’S PRODUCT, DAMAGE
TO BUYER’S OR THE FIRST END USER’S PROCESSES,
LOSS OF USE, OR OTHER COMMERCIAL LOSSES. WHERE,
DUE TO OPERATION OF LAW, CONSEQUENTIAL AND
INCIDENTAL DAMAGES UNDER THIS WARRANTY, UNDER
ANY OTHER EXPRESS WARRANTY NOT NEGATED
HEREBY OR UNDER ANY IMPLIED WARRANTY NOT
NEGATED HEREBY (INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE) CANNOT BE EXCLUDED, SUCH
DAMAGES ARE EXPRESSLY LIMITED IN AMOUNT TO THE
PURCHASE PRICE OF THE DEFECTIVE PRODUCT. THIS
EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL
DAMAGES, AND THE PROVISION OF THIS WARRANTY
LIMITING REMEDIES HEREUNDER TO REPLACEMENT, ARE
INDEPENDENT PROVISIONS, AND ANY DETERMINATION
THAT THE LIMITATION OF REMEDIES FAILS OF ITS
ESSENTIAL PURPOSE OR ANY OTHER DETERMINATION
THAT EITHER OF THE ABOVE REMEDIES IS
UNENFORCEABLE, SHALL NOT BE CONSTRUED TO MAKE
THE OTHER PROVISIONS UNENFORCEABLE.
Exclusion Of Other Warranties
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
Severability
Any provision of this warranty which is invalid, prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective to the extent of such invalidity, prohibition or
unenforceability without invalidating the remaining provisions
hereof, and any such invalidity, prohibition or unenforceability in
any such jurisdiction shall not invalidate or render unenforceable
such provision in any other jurisdiction.
13901 South Lakes Drive, Charlotte, NC 28273-6790, U.S.A.
Tel: [1]-704-597-9070
Fax: [1]-704-583-1610
