Tolomatic User Guide:
IMA-S Integrated Motor Rod-Style Actuator - Stainless Steel
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C .1 Warranty
Warranty and Limitation of Liability
Tolomatic’s complete terms and conditions can be found here https://www.tolomatic.com/info-center/
resource-details/terms-and-conditions
Limited Warranty
Tolomatic warrants that at the time of delivery, Products shall be in good condition, free from defects
in material and workmanship and that Products made to order shall conform to applicable drawings
or specifications as referenced in the quotation or accepted purchase order (“Product Warranty”).
The Product Warranty shall expire one year from date of shipment (the “Warranty Period”). Tolomatic
warrants that Buyer shall acquire good title to the Products free from third party rights. These
warranties are given only to Buyer and not to any third party.
The Product Warranty excludes any defects or non-conformance resulting (wholly or in part) from:
(i) accidental damage, mishandling, incorrect installation, negligence or other circumstances arising
after delivery; (ii) the repair or alteration of the Product by any party other than Tolomatic or its
authorized representative; (iii) the failure by Buyer to provide a suitable storage, use, or operating
environment for the Products; (iv) Buyer’s use of the Products for a purpose or in a manner other
than that for which they were designed; and (v) other abuse, misuse or neglect of the Products by
Buyer or any third party.
The Product Warranty excludes any Products not manufactured by Tolomatic. Insofar as any Products
are manufactured by third parties, Tolomatic shall, insofar as it can, pass to the Buyer the benefit of
all warranties given by the supplier of such Products.
The Product Warranty shall be limited to defects of which Tolomatic is notified within twenty-one
(21) days from the date of shipment to Buyer or, in the event of latent defects, within twenty-
one (21) days of the defect being discovered and provided that such notice is received within the
Warranty Period. As sole remedy for the breach of the warranty in paragraph (a) above, provided
that (if required by Tolomatic) all non-conforming Products are returned to Tolomatic at Buyer’s cost,
and provided that Tolomatic confirms the defect or non-conformance, Tolomatic shall at its option
(i) replace or repair the defective or non-conforming items, or correct any defective work or non-
conformance, or (ii) refund to Buyer the original purchase price of the defective or non-conforming
item and reimburse to Buyer any transportation and insurance charges incurred by Buyer.
Any claim by Buyer against Tolomatic alleging the breach of the Product Warranty must be
commenced within twelve (12) months following the date of the alleged breach.
In the event the parties disagree whether or not a breach of the Product Warranty has occurred,
Tolomatic may (but shall not be obliged to) undertake any repairs or replacement requested by Buyer
pending final settlement of the matter. If it is determined that no such breach has occurred, Buyer
shall pay Tolomatic upon demand the reasonable price of the repairs, corrections, or replacements
made by Tolomatic including allowances for overheads and a reasonable profit margin.
THE WARRANTIES EXPRESSLY MADE UNDER THESE TERMS ARE EXCLUSIVE AND GIVEN IN LIEU
OF ALL OTHER REPRESENTATIONS, WARRANTIES AND COVENANTS THAT MAY BE IMPLIED BY
LAW, BY CUSTOM OF TRADE, BY THESE TERMS, BY THE PURCHASE ORDER OR OTHERWISE WITH
C
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