Subject to the limitations and conditions set forth below, HAI Advanced Material Specialists, Incorporated (Seller) warrants that all new and unused products manufactured and supplied by Seller are free from defect in workmanship and materials under normal use and service.
1.(a.) This warranty does not apply to any consumable products, such as; any Powders and Wires, as well as any parts subject to continuous wear and tear and generally considered expendable, such as; nozzles, cathodes, gas injectors, powder ports, spray masks, contact tips, contact tubes, wire rollers, guides, feed wire conduits, adapters, powder feed injectors, ports, hoses and cables, wheels, and/or any other maintenance components.
1.(b.) All consumable products are warranted to be free of manufacturing defects. Evidence of defective goods must be reported, by the Buyer, to the Seller within 30 days after the date of the initial shipment. Defective goods may be returned to Seller only after our inspection and then only upon receipt of definite instructions for returning the goods. Should the goods be found to be defective, they will be replaced or returned, or the Buyer's account credited for only the returned amount received at HAI’s dock and after all inspections at HAI.
Any goods returned without Seller's advance written instructions will not be received for replacement or credited.
1.(c.) Seller warrants that equipment and system, including its specific auxiliary component parts thereof shall be free from all defects in material and workmanship for a period of twelve (12) months from the date of shipment. With respect to equipment manufactured by third parties, the scope and duration of Buyer's warranty rights shall be limited to and coextensive with that available to Seller for said third parties. During said period, Seller shall repair or replace any part or parts which fail to satisfy this Warranty, without charge, having the availability and use of Buyer's Support.
1.(d.) With respect to components manufactured by third parties, Seller's obligations to Buyer shall be limited to Seller’s respective rights over against such third parties as stated in their respective conditions of sale.
1.(e.) The warranties stated herein are in lieu of all other warranties whether expressed, implied or statutory, including gimplied warranties of merchantability or fitness.
SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS AGREEMENT.
1.(f.) Under no circumstances shall Seller, or any of its’ officers, directors, or any employee be obligated or be liable (a) for penalties or penalty clauses of Buyer, (b) for indemnification of Buyer or others for costs, damages or expenses arising out of or related to the products or services of this Agreement, other than as expressly provided for herein, or (c) for consequential damages or for any resulting labor or other expenses incurred by reason of the use or sale or any defective material or product or system produced by the System, Seller's sole responsibility being the specifications and requirements agreed upon.
1.(g.) Buyer's rights under this warranty (a) require its written notice to Seller of any claim, alleged defect or specification inconsistency, (b) shall be limited to repair, modification, replacement or addition of parts at Seller's expense and Customer, and shall not be available for any claim, alleged defect or specification inconsistency that is the result of Buyer's or any third party's actions, misuse, neglect, improper operation, improper storage, maintenance, repair, alteration or of any accident or of unusual deterioration of components whether due to excessive ambient operating conditions or otherwise. Buyer shall give such written notice within ten (10) days of discovery of defect or inconsistency.
1.(h.) All claims for breakage and damage in transit whether concealed or obvious must be made to the carrier by Buyer as soon as possible after receipt of the shipment. All risks of transit are assumed by Buyer. Seller will render Buyer reasonable assistance in the securing of adjustment for such damage claims.
In the case of Seller's breach of warranty or any other duty with respect to the quality of any product or service, the sole and exclusive remedies therefore shall be:
As to PRODUCTS, (1) repair, (2) replacement, or (3) where authorized by Seller, payment of or credit for their purchase price on only the product returned.
All parts shipped, whether or not to replace parts which failed within the warranty period, must be covered by a purchase order and will be invoiced at Seller's standard selling price, FOB shipping point. If a repair is not under warranty, the Seller will contact the Buyer to request instructions as to repair, return, or disposal. Parts claimed to be defective should be returned to the factory, transportation prepaid for our examination, and such returns should be authorized in advance by Customer Service. Seller will not be responsible for parts and equipment returned to the factory for examination without prior written authorization. Credit will only be issued if our examination indicates that failure was due to defects of material and workmanship, provided that failure occurred within the warranty period. All defective parts will be retained by Seller. No warranty consideration will be given on parts showing evidence of tampering, abuse, or disassembly.
This warranty does not apply to products which have been used for production, modified in any way by any party other than Seller; nor to products which have not been installed and operated in accordance with applicable industry standards; nor to products which have been used other than under the usual conditions for which designed; nor to products that have not received proper care, proper storage, proper protection, and proper maintenance under supervision of competent personnel.