IMS WaterJet Product Warranty Information

IMS WaterJet, Inc. warrants that, for a period of one (1) year from date of delivery, new equipment manufactured by it will be free from substantial defects in material or workmanship under normal use and service when correctly installed and maintained.  If any new equipment fails under normal use and service within that period, IMS WaterJet sole responsibility under this warranty is limited to repairing or replacing defective parts without charge, F.O.B., manufacturing facility, and excludes installation costs and any related travel expense.  IMS WaterJet reserves the right to inspect any claimed defect, repair or replace defective components and to perform any adjustment incident to satisfactory operation of the equipment.  The warranty shall not apply to any equipment that has been improperly maintained, repaired or altered by persons other than the supplier or IMS WaterJet authorized dealer.  Equipment damaged by misuse, neglect, accident or during the time of equipment delivery shall not be subject to the warranty.  Components and parts not manufactured by IMS WaterJet are limited in warranty of the original parts manufacturer, which expire upon the expiration of such warranty.  If IMS WaterJet has requested the return of any equipment to the factory or authorized repair facility for the purposes of affecting any such repair, buyer/end-user shall ship the equipment, F.O.B. to such location, within the period set forth above.  Buyer/end-user shall not ship equipment for any reason without authorization and shipping instructions from IMS WaterJet. IMS WaterJet shall not be liable for any losses, costs, forfeitures, or any other consequential damages (including loss of profits or liabilities to Buyer's personnel or third persons) which might be claimed as the result of the use or failure of the equipment if incurred in any attempt by Buyer to correct any allegedly defective equipment. Warranty is registered to the original Buyer and is not transferable under any condition(s). 

THERE ARE NO  WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE DESIGN, MANUFACTURE,  SALE, OPERATION OR USE OF THE EQUIPMENT EXCEPT AS TO TITLE AND AS PROVIDED IN  THE PRECEDING SENTENCES.  IMS WATERJET EXPRESSLY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY WARRANTIES OF NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, APPLICATION OR USE. 

It is understood that IMS WaterJet or authorized dealer has no special knowledge of Buyer's operations or requirements.  Before purchasing, Buyer shall independently determine the suitability of the equipment for its intended use, and Buyer assumes all risk and liability therefor. 

THE REMEDY PROVIDED IN THIS AGREEMENT SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER.  IMS WATERJET'S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT.  IMS WATERJET SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES RESULTING FROM LATE OR NON DELIVERY, FROM USE, SALE, HANDLING OR POSSESSION OF THE EQUIPMENT, OR FROM ANY OTHER CAUSE WHATSOEVER.  EXCEPT AS LIMITED BY IMS WATERJET'S OBLIGATION TO REPAIR OR REPLACE AS  SET  FORTH  ABOVE, BUYER WILL INDEMNIFY AND HOLD HARMLESS IMS WATERJET FROM AND AGAINST ALL DAMAGES, CLAIMS AND LIABILITIES OF EVERY NATURE WHATSOEVER  (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES)  ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, HANDLING, OWNERSHIP,  OPERATION OR USE OF THE EQUIPMENT.