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DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES: THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, WHETHER EXPRESSED BY AFFIRMATION, PROMISE, DESCRIPTION, MODEL OR SAMPLE, AND ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
BUYER HEREBY WAIVES ALL OTHER WARRANTIES OR OBLIGATIONS OF THE SELLER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE GOODS SOLD UNDER THIS AGREEMENT ARE PURCHASED BY BUYER “AS IS” OR “WITH ALL FAULTS.”
The sales staff of the Seller may have shown samples or made verbal statements about the Equipment or components described in this Agreement. Such samples and statements do not constitute warranties, and Buyer shall not rely upon such samples and statements as part of this limited warranty. The entire limited warranty is embodied in this writing. This writing is both the final expression and intention of the Seller and Buyer and a complete and exclusive statement of the Agreement between the parties regarding the warranty of the Equipment.
Warranty for Materials: Seller warrants for a period of 12 (twelve) months in accordance with restrictions detailed below, from the effective date (date of the delivery of the Equipment) its Equipment to be free from defects in material, [subject to the six (6) month warranty of Voltage Regulator, Expendable Parts, or Parts Subject to Wear and Tear listed below], provided the Equipment is utilized in conformance with the written instructions pertaining to its use and under conditions as permitted by the specifications of the Equipment. Remedy of the Buyer for breach of this limited warranty shall be limited to repair or replacement of any defective part according to the terms of this Agreement. This limited warranty does not extend to repair or replacement made necessary by misuse, abuse, negligence or willful acts of the Buyer, either during transportation or installation or operation. This limited warranty may be void, at the option of Seller, if Buyer installs or replaces spare parts other than those approved by Seller; or uses a contaminated air source containing moisture oil or debris; or uses a technician service not approved by Seller or without the guidance of a technician of Seller’s technical support system. In addition, this limited warranty does not extend to repair or replacement of parts and/or service made necessary due to ordinary wear and tear, general adjustments and maintenance.
Should Buyer require the attendance of a technician from Seller to solve a technical problem, approved and justified by Seller, Seller guarantees a special labor rate for Buyer as follows: $45.00 per hour if no part is purchased and $30.00 per hour if any part is purchased up to a maximum of $650.00 per day, the hourly charge applies to actual time in facility as well as travel time. The Buyer will also pay for travel expenses such as Air fare, hotel, Car Rental plus meals. For buyers that are within driving distance, the charge is $1 per driven mile.
Warranty of Voltage Regulator, Expendable Parts, or Parts Subject to Wear and Tear: Seller warrants for a period of six (6) months, in accordance with the restrictions detailed below, from the effective date (date of the delivery of the Equipment) the Voltage Regulator, Expendable Parts such as laser tubes, lens, and mirrors, switches to start on and stop off, shock absorbers of the doors, valves of water and air, loss of gas of the chiller.
No Warranty: Seller does not provide a warranty for damages consequential of the formation of electrical sparks. In addition the warranty does not cover: (A) Problems arising from the use of contaminated air or water source, defects resulting from alterations subsequent to delivery; (B) defects resulting from use for other than the intended purpose; (C) defects resulting from fire, explosion, water, earthquake, windstorm, hail, tornado, or other weather condition or from accident, vandalism, or act of God; (D) problems arising due to failure of Buyer to attend training; (E) problems arising due to Buyer leaving the Equipment running without supervision; and (F) defects arising from neglect or abuse. Neglect includes, but is not limited to: (A) use of contaminated air, pollution, inadequate or lack of preventive maintenance or excessive effort of the Equipment; (B) improper storage or failure to protect from climatic elements or vandalism; (C) exposure to extreme temperatures, high and low, and use of the Equipment under high humidity condition of the environment; (D) accident, collision or other physical mishap or abuse, whether by Buyer or other party. (E) Electrical fluctuation caused from irregular power surges, brownouts or lightning or improper electrical current or failure in the electrical ground system.
Warranty Obligations are Subject to the Following Conditions: Any part found by Seller to be defective in material or workmanship within the stated warranty period will be replaced or repaired at Seller’s option without charge. Before any part can be accepted for repair or replacement, the Buyer has to obtain a written authorization from Seller to send the defective part to CAMFive USA, Corp. , 1629 Prime Ct, Ste 700, Orlando, Fl, 32809. In the case of a spare part to be sent out to Buyer prior to Seller receiving the defective part or fix it , prior payment of the cost of the part, plus freight, must be paid by Buyer. Upon return of the defective part, by Buyer, if it is deemed that the part was not damaged by Buyer but failed, then the Seller will replace or repair the part. Shipping charges should always be paid by buyer.
Buyer must report all technical problems via electronic mail. If Buyer wishes to receive technical support from a Seller’s technician, then Buyer must communicate any technical problem via electronic mail. Failure to submit a technical problem through electronic mail will result in the Seller having no obligation to assist the Buyer.
Seller does not warrant failure of parts or components resulting from misuse or lack of proper maintenance or improper maintenance of the Equipment. Incorrect electrical supply can cause severe damage to the Equipment and manipulate the setting parameters of its configuration and can cause the loss of good performance of the Equipment; damage from the electrical source is not covered under warranty. Installation, inspection, and maintenance costs are the sole responsibility of the Buyer.
Buyer must install the Equipment using the following minimum requirements:
(A) The Buyer shall install the Equipment in accordance with the Equipment’s manual but in no event less than the standards set forth in this Agreement.
(B) The Buyer shall install the Equipment in a controlled environment of temperature and humidity, in accordance with the Equipment’s manual.
(C) Certification. The Buyer must:
(1) Use two females plug in accordance with the schematic sent to the customer: xx./xx/xxxx
(2) Use 220 Volts, Single Phase Electrical Outlet Plugs dedicated to a minimum of 20 Amps;
(3) Use one outlet plug to the main machine and another outlet plug to the exhauster;
(4) Install the air hoses of the exhauster to lead fumes and gases outside the workroom.
(D) Computer Installation. The Buyer must:
(1) Use a computer with one of the following Operating Systems: Windows XP/2000/98 or Windows Vista or Windows 7. CAMFive software is not compatible with any other operating system;
(2) Use a computer with a Windows Operating System configuration to 64 bits or the amount suggested by the Equipment’s Manual but in no event less than 64 bits;
(3) Use a computer with a 20 Gigabytes Hard Drive or the amount suggested by the Equipment’s Manual but in no event less than 1.5 Gigabytes of Hard Drive;
(4) Use a computer with a minimum of 3 Gigabytes of RAM or the amount suggested by the Equipment’s Manual but in no event less than 2 Gigabytes of RAM.
(E) Certification. The Buyer must:
(1) Send pictures of the installed equipment to the Seller’s technicians. If the installation is completed, and satisfactory to the Seller’s technician, then Buyer may receive training. If the Buyer fails to install the Equipment following these minimum specifications then Seller does not have to provide training.
If Buyer fails to install the Equipment following these minimum specifications, then Buyer has VOIDED any and all warranties offered herein by Seller and RELEASES the Seller from any and all liability for any accident or damages suffered by any person handling and working with the equipment.
Buyer shall pay all amounts due Seller prior to making a claim under this limited warranty. In the event Seller is required to travel to the premises of the Buyer to service the Equipment, either within or without the limited warranty coverage, Buyer shall be responsible for any and all expenses of Seller relating to the service performed, including, and without limitation, airfares, lodging, meals, and related expenses.
NO LIABILITY FOR DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS EQUIPMENT, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE SELLER’S AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE BUYER FOR THE EQUIPMENT.
THERE SHALL BE NO REMEDY TO THE BUYER FOR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS:
Limitation of Liability: Seller shall not be liable for any (1) special, indirect, incidental, punitive, or consequential damages, including, without limitation, loss of profits, arising from or related in any way to the operation or use of the equipment, including such damages, without limitation, as damages arising from loss of revenue or profits, failure to realize savings or other benefits, damage to person, even if Seller had advised, or not, to Buyer of the possibility of such damages; (2) Damages (regardless of their nature) for any delay or failure by Seller to perform its obligations under this agreement due to any cause beyond its reasonable control; (3) Returns, in the case of a Seller authorized to return, the item will be subject to no less than a 20% restock fee and is the sole discretion of Seller to refund any monetary consideration. (4) Warranty claims, regardless of form, are made against Seller more than one (1) year after any such right to warranty claim first arose. Notwithstanding any other provision of this agreement, the liabilities of Seller under this agreement shall not be greater than the amounts actually received by Seller as net profit pursuant to this agreement.
In any event, Seller shall not be liable for consequential, incidental, reliance, or special damages proximately caused by the goods sold, including, without limitation, loss of profits or injury to any person or entity.
Repair or Replace: Repair or replacement, at the Seller’s option, as provided, is the sole and exclusive remedy of the Buyer. The sole purpose of this stipulated exclusive remedy is to provide the Buyer with repair or replacement as provided of defective components in the manner provided in the limited warranty in this Agreement. This exclusive remedy will not be deemed to have failed in its essential purpose as long as the Seller is willing and able to repair or replace defective components with due diligence.
Training: Seller offers Buyer training on the equipment purchased in this Agreement. Seller will provide, at no charge, 8 hours of training at the facility of Seller, located at 1335 Bennett Drive Suite 157 Longwood FL 32750, on the equipment purchased, with a trained technician. Training must take place within the first thirty (30) days from purchase and delivery of Equipment. Buyer must complete installation of the Equipment subject to the specifications in the “Warranty Obligations are Subject to the Following Conditions” clause before Seller is required to provide training. Should Buyer want the training to take place at Buyer's facility, Buyer shall pay the additional cost of $ 650.00 for the training, plus the cost of air travel and hotel incurred by Seller before Seller is obligated to provide the training. If Buyer refuses the training on the Equipment offered by Seller, Buyer must sign below where indicated showing his refusal. Any refusal to accept the training offered shall VOID any and all warranties offered herein by Seller and RELEASES the Seller from any and all liability for any accident or damages suffered by any person handling and working with the equipment.
Refusal to Accept Training: By signing below I/We acknowledge that we are refusing to accept training on the equipment purchased in this agreement and that said refusal will avoid any and all warranties offered by Seller.
Entire Agreement: This writing is intended by the Parties to be the final intent and expression of their agreement concerning the matters contained in this Agreement, and is also intended as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the Parties and no usage of the trade is relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this Agreement will not be relevant to determining the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (“UCC”) is used in this Agreement, the definition contained in the UCC will control. This Agreement constitutes the entire agreement between Seller and Buyer and there are no other representations, warranties, covenants, or obligations, except as set forth in this Agreement. This Agreement supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, written or oral, of Seller and Buyer, relating to any transaction contemplated in this Agreement.
Authority of Seller’s Agents: No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this contract, and unless an affirmation, representation, or warranty is made by an agent, employee, or representative is specifically included within this written contract, it has not constituted a part of the basis of this bargain and shall not in any way be enforceable.
Waiver: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
Assignment: This limited warranty extends only to the Buyer and may not be sold, assigned, conveyed, or otherwise transferred in whole or in part by operation of law or otherwise, to any person, firm, corporation or entity without the express prior written consent of an authorized agent (President or another corporate officer) of Seller.
Notice: Buyer shall make any claim made under this Limited Warranty to Seller by written Notice, within thirty (30) days from the date when such warranty claim first arose. The Parties shall deliver any notices, requests, demands, or other communications hereunder in writing and any notice, request, demand, or other communication shall be deemed to have been duly given when personally delivered or when mailed by the United States Registered or Certified Mail, Return Receipt Requested, postage pre-paid, to the names and addresses set forth at the first page of this Agreement.
Venue: In the event of any controversy or claim arising out of or relating to this Agreement or the breach thereof, and a suit, action, or proceeding is instituted by reason thereof, then such suit, action, or proceeding shall be brought in the Superior Court Jurisdiction for Orlando, County of Orange, State of Florida in a court of competent jurisdiction, which Court shall have jurisdiction over such suit, action or proceeding. Each Party to this Agreement consents to the exclusive jurisdiction of the Superior Court of Florida, County of Orange, in the City of Orlando, for all legal actions and proceedings arising out of or relating to this Agreement.
Applicable Law: The laws of the State of Florida govern all matters arising out of or relating to this Agreement, including without limitation, its validity, interpretation, construction, performance, and enforcement.
Amendments: This Agreement may be amended, modified, or rescinded only in writing, executed by both parties, and an authorized representative (President or another corporate officer) of Seller.
Partial Invalidity: If any provision of this Agreement shall for any reason be held invalid or unenforceable by any court, governmental agency, or arbitrator, of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
Attorney's Fees: Should any party hereto commence any action or proceeding for the purpose of enforcing, or preventing the breach of, any provision hereof, whether by arbitration, judicial or quasi-judicial action or otherwise, or for damages for any alleged breach of any provision hereof, or for a declaration of such party's rights or obligations hereunder, then the prevailing party shall be reimbursed by the losing party for all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees for the services rendered to such prevailing party.
Waiver of Jury Trial: Each Party knowingly, voluntarily, and intentionally waives its right to a trial by jury to the extent permitted by law in any action or other legal proceeding arising out of or relating to this Agreement and the transactions it contemplates. This waiver applies to any action or other legal proceeding, whether arising in contract, tort, or otherwise.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth first above, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.
5 years limited warranty for HT Series embroidery machines terms:
CAMFive embroidery machines are warranted from the date of purchase to be free from manufacturing defects in components and construction for the warranty period(s) specified below. CAMFive USA Corp will provide parts to the customer to correct any manufacturing defects encountered by its customers that may occur under normal use during the applicable warranty periods:
Two years: Electronic components, Motors, sensors, solenoids, switches, encoders, transformers, fans, and mechanical components.
Three years: Wiring harnesses/cables, belts, rotary, head bearings.
Five years: Special drive train components including bushings, pulleys, chains, bearings, sprockets, shafts, drive cables, gears, and frame drive rails. For more specific details please contact your sales adviser or visit our website.
1-YEAR limited warranty for CT and Flat Series embroidery machines terms.