TOSHIBA- 89
TX Series 48 - 1250A
Warranty Policy
Toshiba International Corporation ("Company") warrants that all equipment and parts described
h
erein will be free from defects in materials and workmanship. THIS WARRANTY WILL EXPIR
IGHTEEN (18) MONTHS AFTER THE DATE ON WHICH SUCH EQUIPMENT AND PART
EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHE
URSUANT TO THIS WARRANTY) ARE SHIPPED BY THE COMPANY TO THE INITIA
URCHASER OR TWELVE (12) MONTHS AFTER SUCH EQUIPMENT AND PART
EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHE
URSUANT TO THIS WARRANTY) ARE FIRST PLACED IN OPERATION, WHICHEVE
ERIOD FIRST EXPIRES.
The Company will, at its option, repair or replace such equipment or part which is defective under
he terms of the foregoing warranty, free of charge; provided the purchaser (1) promptly notifies th
ompany in writing of such defect, and (2) furnishes the Company satisfactory proof thereof, an
3) establishes that the equipment or part has been properly installed, maintained and operate
within the limits of rated capacity and normal usage and in accordance with this manual, and (4) if
equested by the Company, returns the defective equipment or part to the Company and pays
xpenses incurred in connection with such return. The repaired or replacement equipment or pa
will be delivered, free of charge, to the purchaser F.O.B. the Company's warehouse or, at the
ompany's option, F.O.B. a Company authorized service shop, not loaded on truck or other carrie
he purchaser will pay the costs applicable to the equipment or part following such deliver
ncluding, without limitation, all handling, transportation, assembly, insurance, testing and inspectio
harges.
HE FOREGOING OBLIGATION TO REPAIR OR REPLACE EQUIPMENT PARTS SHALL B
HE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USER
F THE EQUIPMENT AND PARTS FOR BREACH OF THE FOREGOING WARRANTY. TH
OMPANY WILL HAVE NO OBLIGATIONS TO DISASSEMBLE ANY EQUIPMENT OR PAR
HICH IS DEFECTIVE WITHIN THE TERMS OF THE ABOVE WARRANTY OR TO INSTAL
NY REPAIRED OR REPLACEMENT PART OR EQUIPMENT OR TO PAY ANY COST
NCURRED IN CONNECTION WITH ANY SUCH DISASSEMBLY OR INSTALLATION. TH
OMPANY, TOSHIBA CORPORATION AND THEIR SUPPLIERS AND SUBCONTRACTOR
EREBY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIE
NCLUDING, WITHOUT LIMITATION, ALL EQUIPMENT AND PARTS FURNISHED PURSUAN
O THE FOREGOING WARRANTY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY
The total liability of the Company, Toshiba Corporation and their suppliers and subcontractors for
ny loss, damage or claim, whether in contact, tort (including negligence and liability without faul
r otherwise, arising out of, connected with or resulting from the equipment and parts described
this manual or the performance or breach of any contract for the sale or supply of such equipment
and parts, or from the design, manufacture, sale, delivery, resale, installation, technical direction or
upervision of installation, inspection, testing, repair, replacement, operation, maintenance or us
f any such equipment or part or any service relating thereto furnished by the Company shall not
any event exceed the price allocable to the equipment, part or service which gives claim, loss or
amage. In no event, whether as a breach of contract or warranty, alleged negligence, liabil
without fault, or otherwise, shall the Company, Toshiba Corporation or their suppliers or
subcontractors be liable for special or consequential damages, including, without limitation, loss or
rofits or revenue, loss of equipment described herein or any associated equipment, cost of capita
cost of substitute equipment or parts, facilities or services, down-time costs, labor costs or claims of
ustomers of the purchaser for such damages.
