Warranties & Policies

Standard Warranty: The KTW Group warrants that the Warranted Products will be free from defects in title, material and workmanship under normal use and service and will perform substantially in accordance with written technical specifications for the Warranted Products (as such specifications exist on the date the Warranted Products are shipped) (the “Product Specifications”). This warranty covers both parts and labor and is available only to end-users (the “Customers”) that purchase the Warranted Products from The KTW Group or its authorized distributors. For the purpose of these warranties, a defect is determined by The KTW Group after its good faith investigation.

Supplies and Accessories: Warranty for its supplies and accessories that are shipped with Warranted Products are covered by this warranty statement.

Services: We warrants that any service it provides to Customer will be performed by trained individuals in a workmanlike manner.

Duration: We provide a one year warranty for the Warranted Products. The warranty period begins on the date the Warranted Products are shipped to Customer. The warranty period for any Warranted Product or part furnished to correct a warranty failure will be the unexpired term of the warranty applicable to the repaired or replaced Warranted Product.

Remedies: If Customer promptly notifies KTW Group of Customer’s warranty claim and makes the Warranted Product available for service,

We will, at our option, either repair or replace (with new or exchange replacement parts) the non-conforming Warranted Product or parts of the Warranted Product. Warranty service will be performed without charge from 8:00 a.m. to 5:00 p.m. EST, Monday-Friday, excluding holidays, and outside those hours at our then prevailing service rates and subject to the availability of personnel. With respect to Hupfer’s warranty for the services it provides to Customer, Customer’s exclusive remedy shall be the re-performance of the services by KTW The foregoing remedies are Customer’s exclusive remedies and sole liability for warranty claims under this warranty statement. This exclusive remedy shall not have failed of its essential purpose (as that term is used in the Uniform Commercial Code) as long as KTW remains willing to repair or replace defective Warranted Products within a commercially reasonable time after being notified of Customer’s warranty claim.

Limitations: THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED OR STATUTORY. EXCEPT AS PROVIDED HEREIN, NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND DATA ACCURACY, WILL APPLY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE DESCRIBED IN THIS DOCUMENT AND NO PRIOR STATEMENTS BY ANY OF KTW’S REPRESENTATIVES SHALL MODIFY OR EXPAND THESE WARRANTIES. KTW AND OUR AFFILIATES AND REPRESENTATIVES SHALL HAVE NO LIABILITY TO CUSTOMER FOR (1) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WARRANTED PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILITY SHALL BE CLAIMED IN CONTRACT, TORT, EQUITY OR OTHERWISE, (2) ANY ASSISTANCE NOT REQUIRED UNDER KTW’S QUOTATION OR (3) ANYTHING OCCURRING AFTER THE WARRANTY PERIOD ENDS. KTW’s STANDARD WARRANTIES ONLY APPLY TO END-USER-PURCHASERS LOCATED IN THE UNITED STATES, CANADA AND MEXICO. ANY SALE TO END-USER-PURCHASERS OUTSIDE THE UNITED STATES AND CANADA WILL BE SUBJECT TO COMMERCIAL TERMS SPECIFICALLY AGREED BY KTW AND THE END-USER- PURCHASER. KTW GROUP MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO END-USER-PURCHASERS OUTSIDE THE UNITED STATES, CANADA AND MEXICO UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING.

These warranties do not apply to, and KTW shall not have any obligation to Customer hereunder with respect to, any warranty claim resulting from or arising out of:

(i) Normal wear and tear;

(ii) Damage caused by shipping or accident;

(iii) Damage caused by improper installation, repair or alteration not performed by KTW Group;

(iv) the use of the Warranted Product in combination with any tools, hardware, equipment, supplies, accessories or any other materials or services, not furnished by KTW or recommended in writing by KTW Group;

(v) the use of the Warranted Product in a manner or environment, or for any purpose, for which KTW did not design or license it, or inconsistent with KTW’s recommendations or instructions on use including, but not limited to, power supply requirements identified in Product Specifications;

(vi) Any alteration, modification or enhancement of the Warranted Product by Customer or any third party not authorized or approved in writing by KTW;

(vii) Warranted Product manufactured to meet customer specifications or designs;

(viii) Any accessories or supplies or other equipment or products that may be delivered with the

 

Warranted Products. In addition, these warranties do not cover:

(i) Any defect or deficiency (including failure to conform to Product Specifications) that results, in whole or in part, from any improper storage or handling, failure to maintain the Warranted Products in the manner described in any applicable instructions or specifications, inadequate back-up or virus protection or any cause external to the Warranted Products or beyond Hupfer’s reasonable control, including, but not limited to, power failure and failure to keep Customer’s site clean and free of dust, sand and other particles or debris;

(ii) The payment or reimbursement of any facility costs arising from repair or replacement of the Warranted Products;

(iii) Any adjustment, such as alignment, calibration, or other normal preventative maintenance required of Customer; and

(iv) Expendable supply items.