
CONSTRUCTION & MINING
“PROMAXX” Series Paving Breakers
“PROMAXX” Series Paving Breaker
Warranty Policy Statement
INGERSOLL-RAND COMPANY WARRANTS THAT
ITS “PROMAXX” SERIES PAVING BREAKERS ARE
FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP
FOR THE FOLLOWING PERIODS:
A. MAIN BREAKER HOUSING
& FRONTHEAD CASTING 3 YEARS
B. ALL OTHER COMPONENTS: 1 YEAR
SHOULD AN INGERSOLL-RAND “PROMAXX”
SERIES PAVING BREAKER PROVE DEFECTIVE DURING
THE SPECIFIED WARRANTY PERIODS, INGERSOLL-
RAND WILL REPLACE OR REPAIR IT FREE OF CHARGE.
THIS WARRANTY DOES NOT APPLY TO NORMAL
WEAR AND TEAR, OR TO UNITS THAT HAVE BEEN MOD-
IFIED, MISUSED, OR REPAIRED IN A MANNER NOT AP-
PROVED BY INGERSOLL-RAND COMPANY. THE OPIN-
ION OF INGERSOLL-RAND IN DETERMINING COM-
PLIANCE WITH THE AFOREMENTIONED CONDITIONS
WILL BE FINAL.
Ingersoll-Rand Company
Limitation of Liability
THE REMEDIES OF THE USER SET FORTH UNDER
PROVISIONS OF WARRANTY OUTLINED ABOVE ARE
EXCLUSIVE AND THE TOTAL LIABILITY OF INGER-
SOLL-RAND OR ITS DISTRIBUTORS WITH RESPECT TO
THIS SALE OR THE EQUIPMENT AND SERVICE FUR-
NISHED HEREUNDER, IN CONNECTION WITH THE PER-
FORMANCE OR BREACH THEREOF, OR FROM THE
SALE, DELIVERY, INSTALLATION, REPAIR OR TECHNI-
CAL DIRECTION COVERED BY OR FURNISHED UNDER
THIS SALE. WHETHER BASED ON CONTRACT, WAR-
RANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY
OR OTHERWISE SHALL NOT EXCEED THE PURCHASE
PRICE OF THE UNIT OF EQUIPMENT UPON WHICH
SUCH LIABILITY IS BASED.
INGERSOLL-RAND, ITS SUPPLIER(S) AND ITS DIS-
TRIBUTORS SHALL IN NO EVENT BE LIABLE TO THE
USER, ANY SUCCESSORS IN INTEREST OR ANY BENE-
FICIARY OR ASSIGNEE RELATING TO THIS SALE FOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPE-
CIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS
SALE OR ANY BREACH THEREOF, OR ANY DEFECTS IN,
OR FAILURE OF, OR MALFUNCTION OF THE EQUIP-
MENT UNDER THIS SALE WHETHER BASED UPON
LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST,
LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF
OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR
NON-OPERATION, INCREASED EXPENSES OF OPERA-
TION OF THE EQUIPMENT, COST OF PURCHASE OF RE-
PLACEMENT POWER OR CLAIMS OF USERS OR CUS-
TOMERS OF THE USER FOR SERVICE INTERRUPTION
WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED
ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY,
STRICT LIABILITY OR OTHERWISE.