Warranty - Imada Inc.

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Limited Warranty

TWO-YEAR LIMITED WARRANTY AND LIMITATION OF LIABILITY: Imada, Inc., for itself and its related companies (hereinafter described collectively as “Imada”) warrants that all Imada products sold, except for those specific products identified below, will be free of defects in materials and workmanship for a period of two (2) years from date of delivery to end-user. The foregoing two (2) year warranty shall not be extended or changed by Imada furnishing any replacements, additions, attachments, accessories or repairs to the products subsequent to the date of delivery or acceptance. The foregoing warranty is the sole and exclusive warranty of Imada regarding the products.

ONE-YEAR LIMITED WARRANTY FOR SPECIFIC PRODUCTS: Notwithstanding the foregoing, for Cedar Torque Testers and KTC Torque Wrenches, the limited-warranty period is one (1) year from date of delivery to end-user.

PRODUCTS EXPRESSLY NOT COVERED BY WARRANTY: Adapters, attachments, batteries, cables, calibration, and fixtures regardless of the manufacturer of the product, that are sold or provided for by Imada are not covered by the foregoing warranties. Warranties of the respective manufacturers for such products shall apply.

DISCLAIMER OF OTHER WARRANTIES: Other than the foregoing warranties, there are no express or implied warranties or any affirmations of fact or promises by Imada with respect to the products. Imada disclaims any warranties, express, implied or statutory, not specifically set forth above. Without limiting the generality of the foregoing, Imada expressly disclaims any implied warranties of merchantability, fitness for any particular purpose, infringement or any representations of fact or quality not expressly set forth herein.

LIMITATION OF LIABILITY AND REMEDIES: Imada’s sole responsibility and liability incurred as a result of the sale and/or use of the products, and the purchaser’s exclusive remedy against Imada under any warranty shall be limited to the repair or replacement, at Imada’s option, of product components not conforming to the warranty. The total liability of Imada shall in no event exceed the amount actually paid to Imada by purchaser with respect to the products. This limitation of remedy is intended by the parties to survive even if the remedy is claimed to have failed of its essential purpose. Purchaser’s full and complete performance of all obligations of purchaser recited in this agreement is a condition precedent to Imada’s warranty obligations and liabilities herein.

PURCHASER’S DAMAGES AND LIMITATIONS: In no event shall Imada be liable to purchaser, its assigns or agents, for economic loss, incidental or consequential damages, in contract or in tort, including but not limited to, any damages for lost profits, down-time, lost production, failure to meet purchaser’s sales contracts, or defects in purchaser’s materials or workmanship arising directly or indirectly from the use of the products. Imada’s limited warranty is terminated in the event of product overload, shock load, misuse, negligence, accident, or if repairs are attempted by the customer or third-parties without notice to and authorization by Imada.

INSTRUCTIONS FOR OBTAINING WARRANTY REPAIR OR REPLACEMENT: Please contact our customer service department for a return authorization number. After you have obtained the authorization number, please return the subject product to Imada with all freight, duty and brokerage costs prepaid. You will be notified by Imada regarding the repair or replacement of the product. In some instances, Imada may require proof of purchase.