Seller’s Products shall, from the date of original purchase (or, solely with respect to Low Stress Robotic Unicables packaged with any Tregaskiss® Robotic MIG Gun, from the date the Product goes into production for its intended use) and for the period set forth below (the “Warranty Period”), be free from defects in material and workmanship. In the event of a breach of the warranty set forth above (the “Warranty”), Seller will, at Seller’s option and as Seller’s sole liability and Purchaser’s sole remedy, repair, replace or credit Purchaser’s account for any Product that fails to conform to the Warranty, provided that (i) during the Warranty Period Seller is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies; (ii) Seller is given a reasonable opportunity to investigate all claims; and (iii) Seller’s examination of such Product confirms the alleged deficiencies and that the deficiencies are covered by the Warranty. To obtain repair or replacement of any Product, the covered Product must be delivered, transportation pre-paid by Purchaser, to the address specified by Seller on its Returned Materials Authorization, with: (i) written proof of warranty coverage (e.g., Purchaser dated purchase order); (ii) serial number on Product (if any); (iii) the Product’s installed location within Purchaser’s facility and usage of the Product; and (iv) written specification of any alleged defect(s). In the event the foregoing materials are not timely provided to Seller by claimant, warranty coverage will be determined by Seller, in its sole discretion. For the avoidance of doubt, the Warranty Period for any Product or part/component of any Product that is replaced or repaired by Seller under the foregoing Warranty is not extended or renewed at the time of such replacement or repair. The Warranty against defects does not apply to: (1) consumable components or ordinary wear items; (2) Products which are improperly altered, modified stored, installed, operated, handled, used or neglected or use of the Products with equipment, components or parts not specified or supplied by Seller or contemplated under the Product documentation; or (3) Products which have not been operated, maintained, and repaired pursuant to Product documentation provided by Seller. Purchaser shall pay Seller for all warranty claim costs incurred by Seller (including inspection, labor, parts, testing, scrap and freight) due to warranty claims submitted by Purchaser which are not covered by Seller’s Warranty.
|Bernard® BTB Semi-Automatic Air-Cooled MIG Guns||1 year |
Lifetime warranty on straight handles, straight handle switches, and rear straight strain relief
|Bernard® W-Gun™ or T-Gun™ Semi-Automatic Water-Cooled MIG Guns||180 days|
|Bernard® TGX® Chassis and Bernard TGX® Ready To Weld MIG Guns||90 days|
|Tregaskiss® Robotic MIG Guns and Components||1 year|
(6-month warranty on Low Stress Robotic Unicables)
|Tregaskiss® Automatic MIG Guns||1 year|
|Tregaskiss® TOUGH GUN® TT4 Reamer|
(i) When factory-equipped with Lubricator
(ii) When used only with Tregaskiss® TOUGH GARD® Anti-Spatter Liquid.
|2 years when (i)|
3 years when both (i) and (ii)
|Tregaskiss® Robotic Peripherals (Clutch, Sprayer, Wire Cutter, Arms)||1 year|
|Tregaskiss® Low-Stress Robotic Unicables (LSR Unicables)||6 months|
Seller warrants the Services shall conform to any mutually agreed upon specifications or statements of work. Purchaser’s sole remedy, and Seller’s sole liability, for a breach of the foregoing warranty is for Seller, at its option, to re-perform the Services or credit Purchaser’s account for such Services
Limitation of Liability and Remedies
SELLER WILL NOT BE LIABLE, AND PURCHASER WAIVES ALL CLAIMS AGAINST SELLER, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON SELLER’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL SELLER’S LIABILITY IN CONNECTION WITH THE AGREEMENT OR SALE OF SELLER’S PRODUCTS OR SERVICES EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE. EXCEPT AS SET FORTH HEREIN, SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).
Revised February 15, 2023