Specialized Fabrication Group LLC and its subsidiaries (collectively, “SFE Group”) warrant (“Limited Warranty”) to the purchaser of any product manufactured by SFE Group (“Product” or “Products”) that at the time of shipment to purchaser and during the Warranty Period defined below, Products will be free from defects in workmanship and materials subject to the provisions herein. If a Product fails to conform to the Limited Warranty, SFE Group or a third-party authorized by SFE Group shall repair or replace the defective Product to the extent of nonconformance if purchaser furnishes to SFE Group promptly and in all events within the Warranty Period, written notice specifying in detail the nonconformity or defect.
Warranty Period means: (a) twelve (12) months from the date of shipment to purchaser for all Products sold under the B&B™, Bortech®, Calder®, Climax®, Fit-up Pro™, H&S Tool®, Mathey Dearman®, Magnatech®, PPM™, or TAG™ brand name; (b) twelve (12 months from the date of shipment to Customer for welding equipment and electrical parts sold under the Axxair® brand name; (c) twenty-four (24) months from the date of shipping to purchaser for mechanical parts sold under the Axxair® brand name; and (d) twenty-four (24) months from the date of shipping to purchaser for orbital saw frames sold under the Axxair® brand and bearing [SKU Number] 81/121/122/171/172/222/322/421/521/721/1100.
The Limited Warranty is SFE Group’s sole warranty with respect to any Product, and SFE Group expressly disclaims any other representations and warranties of any kind with respect to such Product, whether express, implied or statutory, including any warranty of merchantability or fitness for a particular purpose, or noninfringement. the remedies and limitations herein are purchaser’s sole and exclusive remedies for performance issues with the product.
In no event shall SFE Group be liable for loss of profits, loss or interruption of business, loss of data, the cost of obtaining substitutes or replacements, interruption of service or any special, exemplary, punitive, indirect, consequential, or incidental damages, and in no event shall SFE Group be liable to purchaser or purchaser’s customers (if any) in the aggregate, in excess of any amount paid by purchaser to SFE Group for the defective Product, whether in contract, tort or otherwise, even if SFE Group has been advised of the possibility of such damages.
The Limited Warranty does not apply to:
Any Product (a) subject to misuse, neglect, abuse, accident or improper alteration, installation, repair or maintenance not caused by sfe group; (b) used for a purpose other than the purpose for which the Product was designed; (c) used contrary to applicable law; (d) used contrary to safety and other instructions provided by SFE Group by means of product safety notices, warnings, instructions and training materials, manuals, video tapes or similar materials; or (e) repaired or altered by anyone other thaN SFE Group or an authorized representative of SFE Group.
SFE Group makes no warranty regarding third party materials and components. with respect to such materials or components provided by third parties that have passed SFE Group’s documented inspection and/or testing requirements, Any and all warranties from third party material and/or component vendors with respect to materials and components included in the Products are hereby assigned to customer by SFE Group, to the extent SFE Group is legally permitted to do so.