Machinery: Unless otherwise provided in writing and approved by Tri-Pak Machinery, Tri-Pak warrants for a period of ninety (90) days from the date of Tri-Pak invoice, that all Machinery furnished under the order will be of merchantable quality free from defects in material, workmanship and design each as determined, at the date of shipment by Tri-Pak by generally recognized, applicable and accepted practices and procedures in the industry - to include any specifications as specifically agreed to in writing by Tri-Pak prior to the date of shipment. Tri-Pak will not be liable for any design furnished by Customer and incorporated into the machinery. Machinery includes products purchased by Tri-Pak for sale with the machinery manufactured by Tri-Pak when the decision to include such products is solely that of Tri-Pak. Any warranty applicable to such products shall be limited solely to the warranty extended to Tri-Pak by the original manufacturer. Repaired or replacement machinery is warranted for a period of thirty (30) days from the date of invoice, or the remainder of the original warranty term, whichever is longer.
That all claims of any nature shall be made in writing during the warranty period.
Repairs Outside the Scope of the Warranty: Problems due to improper maintenance, faulty installation, non Tri-Pak additions or modifications, or other problems not due to defects in Tri-Pak workmanship or materials, are not covered by warranty. If Tri-Pak determines that a problem is not due to defects in Tri-Pak workmanship or materials, then the customer will be responsible for the cost of any necessary repairs, including shipping, time, travel, and expenses relating to such repairs.
Satisfaction of this warranty, consistent with other provisions herein, will be limited to the replacement, or repair or modification of, or issuance of a credit for the
Goods involved, at Tri-Pak’s option, only after the return of such Goods with Tri-Pak’s inspection and consent. Any warranty service (consisting of time, travel and expenses related to such services) performed other than at the factory, shall be at Customer’s expense.
Such warranty satisfaction is available only if (a) Tri-Pak is promptly notified in writing upon discovery of an alleged defect and (b) Tri-Pak’s examination of the subject Goods discloses, to its satisfaction, that any alleged defect has not been caused by misuse; neglect; improper installation; improper operation; improper maintenance, repair, alteration or modification; accident; or unusual deterioration or degradation of the Goods or parts thereof due to physical environment or due to electrical or electromagnetic noise environment. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS and thereby excludes certifications or the like for product performance, use or design with respect to any standard, regulation or the like (unless and to the extent independently approved in writing at Tri-Pak headquarters) AND EXTENDS ONLY TO THE ORIGINAL PURCHASER.
In no event, regardless of cause, shall Tri-Pak assume responsibility for or be liable (a) for penalties or penalty clauses of any description, or (b) for indemnification of customer or others for costs, damages, or expenses each arising out of or related to the goods or services of this order, or for certification, unless otherwise specifically provided herein, or (c) for indirect or consequential damages under any circumstance, including any loss, injury, or other damages.
TRI-PAK’s maximum liability, including direct damages, shall not exceed the amount of the purchase order. This limitation of Tri-Pak’s liability will apply regardless of the form of action, whether in contract or tort, including negligence. Any action against Tri-Pak must be brought within eighteen (18) months after the cause of action accrues.
Since installation, operation, and use of equipment manufactured by TRI-PAK shall not be under the control of TRI-PAK, purchaser agrees to assume all liability for any damages that may arise out of such installation, operation, or use and hold TRI-PAK harmless from all claims, either by purchaser’s employees or others.
If you have any questions or comments about this notice, you may email us at sales@tri-pak.com or by post at:
Tri-Pak Machinery, Inc.
1102 N Commerce St
Harlingen, TX 78550