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TD Series Digital Solid State Soft Starter 48 - 1250A
Warranty Policy
Toshiba International Corporation ("Company") warrants that all equipment and parts described
herein will be free from defects in materials and workmanship. THIS WARRANTY WILL EXPIRE
EIGHTEEN (18) MONTHS AFTER THE DATE ON WHICH SUCH EQUIPMENT AND PARTS
(EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHED
PURSUANT TO THIS WARRANTY) ARE SHIPPED BY THE COMPANY TO THE INITIAL
PURCHASER OR TWELVE (12) MONTHS AFTER SUCH EQUIPMENT AND PARTS
(EXCLUDING REPAIRED OR REPLACEMENT EQUIPMENT AND PARTS FURNISHED
PURSUANT TO THIS WARRANTY) ARE FIRST PLACED IN OPERATION, WHICHEVER
PERIOD FIRST EXPIRES.
The Company will, at its option, repair or replace such equipment or part which is defective unde
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the terms of the foregoing warranty, free of charge; provided the purchaser (1) promptly notifies the
Company in writing of such defect, and (2) furnishes the Company satisfactory proof thereof, and
(3) establishes that the equipment or part has been properly installed, maintained and operated
within the limits of rated capacity and normal usage and in accordance with this manual, and (4) i
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requested by the Company, returns the defective equipment or part to the Company and pays all
expenses incurred in connection with such return. The repaired or replacement equipment or part
will be delivered, free of charge, to the purchaser F.O.B. the Company's warehouse or, at the
Company's option, F.O.B. a Company authorized service shop, not loaded on truck or other carrier.
The purchaser will pay the costs applicable to the equipment or part following such delivery,
including, without limitation, all handling, transportation, assembly, insurance, testing and inspection
charges.
THE FOREGOING OBLIGATION TO REPAIR OR REPLACE EQUIPMENT PARTS SHALL BE
THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER, ITS CUSTOMERS AND USERS
OF THE EQUIPMENT AND PARTS FOR BREACH OF THE FOREGOING WARRANTY. THE
COMPANY WILL HAVE NO OBLIGATIONS TO DISASSEMBLE ANY EQUIPMENT OR PART
WHICH IS DEFECTIVE WITHIN THE TERMS OF THE ABOVE WARRANTY OR TO INSTALL
A
NY REPAIRED OR REPLACEMENT PART OR EQUIPMENT OR TO PAY ANY COSTS
INCURRED IN CONNECTION WITH ANY SUCH DISASSEMBLY OR INSTALLATION. THE
COMPANY, TOSHIBA CORPORATION AND THEIR SUPPLIERS AND SUBCONTRACTORS
HEREBY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, ALL EQUIPMENT AND PARTS FURNISHED PURSUANT
TO THE FOREGOING WARRANTY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY.
The total liability of the Company, Toshiba Corporation and their suppliers and subcontractors fo
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any loss, damage or claim, whether in contact, tort (including negligence and liability without fault),
or otherwise, arising out of, connected with or resulting from the equipment and parts described in
this manual or the performance or breach of any contract for the sale or supply of such equipmen
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and parts, or from the design, manufacture, sale, delivery, resale, installation, technical direction o
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supervision of installation, inspection, testing, repair, replacement, operation, maintenance or use
of any such equipment or part or any service relating thereto furnished by the Company shall not in
any event exceed the price allocable to the equipment, part or service which gives claim, loss o
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damage. In no event, whether as a breach of contract or warranty, alleged negligence, liability
without fault, or otherwise, shall the Company, Toshiba Corporation or their suppliers o
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subcontractors be liable for special or consequential damages, including, without limitation, loss o
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profits or revenue, loss of equipment described herein or any associated equipment, cost of capital,
cost of substitute equipment or parts, facilities or services, down-time costs, labor costs or claims o
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customers of the purchaser for such damages.