LW-DOC-000-E Rev.2
LW-DOC-000-E Rev.2
Seller assumes no responsibility and will accept no claims nor any charges in connection with any
repairs which are not authorized by Seller. Product must not be returned to Seller without the prior
written authorization of Seller. To that end, if Buyer believes that Product/Service is defective, it must
notify Seller immediately and in writing. The notice must describe the exact nature and details of the
alleged nonconformity to this warranty. Buyer must give Seller a reasonable opportunity, at Seller’s
option, to examine the claimed nonconformity before Buyer undertakes any repairs. If Buyer wishes
to conduct tests to determine whether the Product/Service has a nonconformity or is defective under
this warranty, it must notify Seller prior to conducting the tests, endeavor to reach agreement with
Seller on testing procedures and provide Seller with an opportunity to witness such tests. Coverage
under this limited warranty is conditioned at all times upon Buyer’s compliance with these required
notification procedures. Buyer’s failure to follow these procedures releases Seller from its obligation
to provide remedies under this limited warranty.
Freight charges for Product returned to Seller for repair/warranty analysis are the responsibility of
Buyer. To do so, Buyer must properly package returned Product to protect against risk of loss and
damage in transit, including damage from electrostatic discharge. As the case may be, any repair,
replacement or issuance of a credit provided by Seller shall be Buyer’s sole and exclusive remedy
with respect to a breach of the warranty set forth herein. All costs relating to uninstalling or re-
installing the Product shall be borne by Buyer. Without limiting the generality of the foregoing, in no
event will Seller be liable for transportation, installation, adjustment or other expenses which Buyer
may incur in exercising its right under this limited warranty.
Tornatech Inc.
4100 Desserte Sud, (A-440 Ouest)
Laval, Québec, Canada H7T 0H3
LW-DOC-000-E Rev.2
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Seller will also not be responsible for any damage or defects to Product/Service or to any other
property resulting from or in any way attributable to: (a) improper storage of the Product, including,
but without limitation, failure to store the Product indoors, failure to store the Product in its original
packaging, failure to store the Product in appropriate environmental conditions including, but without
limitations, temperature, vibration and humidity control. (b) improper installation or maintenance of
the Product sold or serviced. Seller’s installation and maintenance instructions are included in the
original packaging. If not available you may obtain them on www.tornatech.com. (c) use or
operation of the Product/Service under conditions for which they are not designed or that exceed
their published specifications, intentional or otherwise; (d) normal wear and tear, including corrosion;
(e) the Product/Service at issue having been subjected to carelessness or abuse, or the
Product/Service not being used in accordance with Seller’s recommendations or industry standards,
including, but without limitation, failure of Buyer to maintain appropriate environmental conditions,
including, adequate electrical power, temperature, vibration and humidity control and any
combination or use of the Product/Service with any incompatible equipment or ancillary products; (f)
modifications, alterations, service, repair or replacement made by Buyer or any third party that were
not requested or authorized by Seller; or (g) causes beyond Seller’s reasonable control. Seller shall
also be under no obligation to Buyer, in connection with any Product/Service that were altered,
modified or repaired without Seller’s prior written consent.
THIS WARRANTY IS EXPRESSLY GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR USE OR PURPOSE. TO THE EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL SELLER ASSUME ANY LIABILITY IN CONNECTION WITH THE
PRODUCT/SERVICE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION
LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS
BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR
OTHERWISE.
Tornatech Inc.
4100 Desserte Sud, (A-440 Ouest)
Laval, Québec, Canada H7T 0H3
LW-DOC-000-E Rev.2
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