HFC 9708
LIMITED WARRANTY
HOFFER FLOW CONTROLS, INC. ("HFC") warrants HFC's products
("goods") described in the specifications incorporated in this manual to be free
from defects in material and workmanship under normal use and service, but
only if such goods have been properly selected for the service intended, properly
installed and properly operated and maintained. This warranty shall extend for a
period of one (1) year from the date of delivery to the original purchaser (or
eighteen (18) months if the delivery to the original purchaser occurred outside
the continental United States). This warranty is extended only to the original
purchaser ("Purchaser"). Purchaser's sole and exclusive remedy is the repair
and/or replacement of nonconforming goods as provided in the following
paragraphs.
In the event Purchaser believes the goods are defective, the goods must be
returned to HFC, transportation prepaid by Purchaser, within twelve (12) months
after delivery of goods (or eighteen (18) months for goods delivered outside the
continental United States) for inspection by HFC. If HFC's inspection determines
that the workmanship or materials are defective, the goods will be either repaired
or replaced, at HFC's sole determination, free of additional charge, and the goods
will be returned, transportation paid by HFC, using the lowest cost transportation
available.
Prior to returning the goods to HFC, Purchaser must obtain a Returned Material
Authorization (RMA) Number from HFC's Customer Service Department within
30 days after discovery of a purported breach of warranty, but no later than the
warranty period; otherwise, such claims shall be deemed waived. See the Return
Requests/Inquiries Section of this manual.
If HFC's inspection reveals the goods are free of defects in material and
workmanship or such inspection reveals the goods were improperly used,
improperly installed, and/or improperly selected for service intended, HFC will
notify the purchaser in writing and will deliver the goods back to Purchaser upon
(i) receipt of Purchaser's written instructions and (ii) the cost of transportation. If
Purchaser does not respond within thirty (30) days after notice from HFC, the
goods will be disposed of in HFC's discretion.
HFC does not warrant these goods to meet the requirements of any safety code
of any state, municipality, or other jurisdiction, and Purchaser assumes all risk
and liability whatsoever resulting from the use thereof, whether used singly or in
combination with other machines or apparatus.
This warranty shall not apply to any HFC goods or parts thereof, which have
been repaired outside HFC's factory or altered in any way, or have been subject
to misuse, negligence, or accident, or have not been operated in accordance with
HFC's printed instructions or have been operated under conditions more severe
than, or otherwise exceeding, those set forth in the specifications for such goods.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. HFC SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE RESULTING,DIRECTLY OR INDIRECTLY,FROM THE USE OR LOSS OF USE
OF THE GOODS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,THIS
EXCLUSION FROM LIABILITY EMBRACES THE PURCHASER'S EXPENSES FOR
DOWNTIME OR FOR MAKING UP DOWNTIME,DAMAGES FOR WHICH THE
PURCHASER MAY BE LIABLE TO OTHER PERSONS,DAMAGES TO PROPERTY,AND
INJURY TO OR DEATH OF ANY PERSONS.HFC NEITHER ASSUMES NOR
AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE OR USE OF HFC'S GOODS,AND THERE ARE NO ORAL
AGREEMENTS OR WARRANTIES COLLATERAL TO OR AFFECTING THE AGREEMENT.
PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS THE REPAIR AND/OR REPLACEMENT
OF NONCONFORMING GOODS AS PROVIDED IN THE PRECEDING PARAGRAPHS.HFC
SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER INCLUDING INDIRECT,
INCIDENTAL,OR CONSEQUENTIAL DAMAGES.
