Factory Certified 1 Year Limited Warranty
OMAX Corporation ("OMAX") warrants its OMAX® JetMachining® Center and all components of its manufacture (the "Products"), to be free of defects in workmanship and material for a period of one year from the date of shipment or 2,000 operational hours, whichever comes first. This warranty covers all machinery and electronics equally, however, it does not include wear parts and consumable parts such as seals, valves, abrasive-jet nozzles, mixing tubes, orifices, high-pressure hose or high-pressure pump components. Further, Buyer is strongly cautioned that poor water quality and high inlet water temperature will significantly affect operational life of Products. This warranty specifically excludes coverage of any claims for the effects of corrosion, erosion, adverse water conditions and temperature, normal wear and tear, or component failures caused by (i) accident, (ii) negligence, misuse, improper installation or abuse, or (iii) unauthorized repair or alteration, or failure to maintain the OMAX JetMachining Center that contains the affected components in accordance with the technical bulletins and specifications provided by the OMAX.
All labor is the responsibility and expense of the Buyer. The liability of OMAX under this warranty is limited, at OMAX's exclusive option, solely to repair or replacement with equivalent items or refund of the purchase price upon return of the subject nonconforming Product. Replacement parts may be either new or reconditioned, at OMAX's option. Freight charges, brokerage charges, duties and taxes for return of parts and for parts or components provided by OMAX under this warranty, will be the responsibility of the Buyer. This warranty is conditioned upon (a) OMAX being notified in writing by Buyer within 30 days after discovery of defects; (b) the return of presumed defective components to OMAX within 30 days of notification, transportation charges, brokerage charges, duties and taxes prepaid by Buyer, and (c) OMAX's examination of such components disclosing to its satisfaction that such defects were not caused by negligence, misuse, improper maintenance, abuse, improper installation, accident, or unauthorized repair or alteration. Accessories or equipment manufactured by others but furnished by OMAX shall carry the warranty conveyed by the manufacturer to OMAX, which may be passed on to the Buyer. The original warranty period of any component that has been repaired or replaced by OMAX shall not thereby be extended.
OMAX will indemnify Buyer for any damages and costs finally awarded against Buyer on the grounds that a Product, (but not any items manufactured by third parties), infringe any valid United States patents or copyrights of any third party, provided that Buyer notifies OMAX in writing of any such claim within ten days after learning thereof and that Buyer gives OMAX full control over the defense and settlement of the claim, and fully cooperates with OMAX with respect thereto. If any such claim is brought or appears to OMAX likely to be brought, OMAX may at its option replace or modify the Products to make them non-infringing, or refund to Buyer, upon return of the Products at issue, the price paid therefore, less twenty percent for each year which has passed since the date of delivery hereunder. Buyer shall discontinue all use of any portion of the Products that has been replaced or modified or for which a refund has been tendered. OMAX's obligations hereunder shall not apply to any claim based on: i) OMAX having followed Buyer's specification or requests; ii) the use of Products to practice a process not recommended by OMAX, or iii) in conjunction with items or modifications not supplied by OMAX, and the Buyer shall similarly indemnify OMAX with respect to such claims. THE FOREGOING STATES OMAX'S SOLE RESPONSIBILITY AND BUYER'S SOLE REMEDY FOR ANY INFRINGEMENTS OF PROPRIETARY RIGHTS.
OMAX MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR THOSE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT SHALL OMAX BE LIABLE TO BUYER OR TO ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF USE, DELAYS OR LOST PROFITS OR SAVINGS RELATED TO THE PRODUCTS, THE USE OR LOSS OF USE THEREOF, THE PERFORMANCE OR BREACH OF THIS AGREEMENT BY OMAX, OR OTHERWISE, EVEN IF OMAX IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. BUYER'S RIGHTS AS STATED HEREIN ARE ITS EXCLUSIVE REMEDIES.
Buyer agrees that regardless of the form or action, whether in contract or tort, including negligence, OMAX's liability for damages hereunder or otherwise with respect to the Products or their use shall not exceed the total sum paid by Buyer to OMAX for the Products causing such damages. (R/01/01/07)