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 he 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 he 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
.