LIMITED WARRANTY COVERAGE
Each Tormach (the “Manufacturer”) PCNC machine
(“Machine”) and its components (“Components”)
(except those listed below under limits and exclusions) is
warranted against defects in material and workmanship
for a period of 12 months from the date of delivery. The
foregoing is a limited warranty and it is the only warranty
by manufacturer. Manufacturer disclaims all other
warranties, express or implied, including but not limited to
all warranties of merchantability and fitness for a particular
purpose.
REPAIR OR REPLACEMENT ONLY
Manufacturer’s liability under this agreement shall be
limited to repairing or replacing, at the discretion of
manufacturer, parts or components. Shipment for items
replaced under warranty is free, but the shipment method
is at the discretion of Tormach. In general delivery will be
by UPS ground service for domestic customers or USPS for
international customers. If overnight or express delivery is
requested, additional fees will apply.
Direct sales and phone support is part of the equation that
allows us to provide high value at low cost. You must be
comfortable with general electrical and mechanical repair
concepts, including the appropriate safety procedures,
before working on your machine. If you do not have the
required skills you will need to find someone locally to
assist you. We do not have factory technicians to send to
your facility.
LIMITS AND EXCLUSIONS OF
WARRANTY
Except as provided above, buyer agrees that all warranties
express or implied, as to any matter whatsoever, including
but not limited to warranties of merchantability and
fitness for a particular purpose are excluded. Components
subject to wear during normal use and over time such as
paint, labels or decals, finish and condition, seals, bellows
covers, flex cabling, spindle, etc., are excluded from this
warranty. Tormach-specified maintenance procedures
must be adhered to in order to maintain this warranty. This
warranty is void if the machine is subjected to mishandling,
misuse, neglect, accident, improper installation, improper
maintenance, or improper operation or application, or
if the machine was improperly repaired or serviced.
Warranty of general machine tolerances is void if the
machine is disassembled or altered by customer.
Without limiting the generality of any of the exclusions or
limitations described in other paragraphs, manufacturer’s
warranty does not include any warranty that the machine
or components will meet buyer’s production specifications
or other requirements or that operation of the machine
and/or components will be uninterrupted or error-free.
Manufacturer assumes no responsibility with respect to
the use of the Machine and Components by Buyer, and
manufacturer shall not incur any liability to Buyer for any
failure in design, production, operation, performance
or otherwise of the Machine or components other than
repair or replacement of same as set forth in the Limited
Warranty above. Manufacturer is not responsible for
any damage to parts, machines, business premises or
other property of Buyer, or for any other incidental
or consequential damages that may be caused by a
malfunction of the machine or components
.
LIMITATION OF LIABILITY AND
DAMAGES
Manufacturer is not liable to Buyer, or any customer of
buyer for loss of profits, lost data, lost products, loss of
revenue, loss of use, cost of down time, business good will,
or any other incidental or consequential damage, whether
in an action in contract or tort, arising out of or related to
the machine or components, other products or services
provided by manufacturer or seller, or the failure of parts
or products made by using the machine or components,
even if manufacturer or seller has been advised of the
possibility of such damages. Manufacturer’s liability for
damages for any cause whatsoever shall be limited to
repair or replacement, at the discretion of manufacturer,
of the defective parts, components or machine.
Buyer has accepted this restriction on its right to recover
incidental or consequential damages as part of its
bargain with Seller. Buyer realizes and acknowledges
that the price of the equipment would be higher if Seller
or Manufacturer were required to be responsible for
incidental or consequential damages, or punitive damages.
This warranty supersedes any and all other agreements,
either oral or in writing, between the parties hereto with
respect to the warranties, limitations of liability and/
or damages regarding the Machine or Components, and
contains all of the covenants and agreements between the
parties with respect to such warranties, liability limitations
and/or damages. Each party to this warranty acknowledges
that no representations, inducements, promises, or
WARRANTY
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