OMAX Corporation ("OMAX") warrants its ProtoMAX® equipment, and all its manufactured components, ("Products"), to be free of defects in workmanship and material for a period of one year from the date of shipment. This warranty does NOT include wear parts and consumable parts such as seals, valves, abrasive-jet nozzles, mixing tubes, orifices, high-pressure hose, pump, or other high-pressure components. This warranty specifically excludes any claims for the effects of corrosion, erosion, adverse water conditions, and temperature, and also, 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 affected components, in accordance with OMAX technical manuals and all OMAX specifications. Buyer is strongly cautioned that poor water quality and/or high inlet water temperature may significantly reduce operational life; see water quality and temperature recommendations and utility specifications at www.protomax.com.
All labor is the responsibility and expense of the Buyer. OMAX’s liability is limited solely to repair or replacement with equivalent items or refund of the purchase price upon return of the subject nonconforming Product(s), all at OMAX’s exclusive option,. This warranty is conditioned upon (a) Buyer requesting from OMAX, a Returned Material Authorization (RMA) within ten (10) days of defect discovery; (b) the return of alleged defective components to OMAX within 30 days of issuance of the RMA (c) OMAX's determination that such defects were warrantable, and not excludable, as outlined herein. Freight charges, brokerage charges, duties and taxes both for return of parts and for parts or components provided by OMAX, will be the responsibility of the Buyer. Unauthorized repair/alteration or any use of third party replacement parts which are not manufactured or supplied by OMAX, will automatically void this warranty and result in the denial of any claims. Accessories or equipment manufactured by others but furnished by OMAX shall carry the warranty conveyed by the manufacturer to OMAX. The original warranty period of any component that has been repaired or replaced by OMAX shall not thereby be extended.
OTHER INDEMNITY/WARRANTY PROVISIONS AND THE LIMITS THEREON
OMAX indemnifies Buyer for any damages and costs finally awarded against Buyer on the grounds that a ProtoMAX® Product, (but not any third party items), 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, the price paid therefor, less twenty percent for each year which has passed since the shipment date. 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, and shall return same to OMAX.
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 OF PURPOSE, FROM COURSE OF PERFORMANCE, OR 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/09/24/10)