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Tantaline 3-Year Warranty
Warranty. Tantaline warrants that any Tantaline Goods and Treatments offered with the “Tantaline 3-Year Warranty” in a quotation and accepted by the Customer via a purchase order and confirmed with a Tantaline supplied order confirmation and paid for by Customer will not fail for 36 months from the date of shipment from Tantaline in process conditions that show nil (i.e., less than 0.4 mills per year) corrosion rate on commercial grade tantalum metal as defined by ASTM B364. Tantaline must receive the warranty information card (with all requested information about Customer’s process completed) within 45 days of shipment of the Goods or Parts subject to Treatment to activate the warranty herein – failure to timely return the card will void the warranty. This warranty does not apply to non-Tantaline treated parts such as polymers, ceramics or other metals that have not been treated that may be components of the overall Goods. This warranty does not apply to typical consumable or wear related parts that typically degrade due to mechanical wear or deformation and are designed for periodic replacement. For Customer supplied parts, Tantaline does not provide any warranty with respect to the Part itself. Upon receiving the warrantee card, Tantaline will validate the warrantee is effective within 30 days after received. No claim shall be made for insignificant variances or for insignificant reduction to usability. These are the sole warranties, and all other warranties are disclaimed. Any damage caused by Customer or others will terminate the warranty. The warranty will be void if the part is mechanically damaged by any means. If Tantaline Goods are in anyway, mechanical reshaped, machined, ground, polished, cut, bent or formed or mechanically altered or mechanically damaged in any way by the Customer, the warrantee will be void. The warranty will voided if Tantaline Goods are exposed to any abrasive solutions, slurries or particulate in the process stream. Tantaline is not responsible for any damages caused by Customer’s delay, for damages caused by Customer’s processes, or for any damages that may arise from a failure of any Goods or Treatment.
Procedures. Customer will submit any claim or complaint as to defects promptly. If defects are alleged, the Goods or affected Parts shall be forwarded to an address specified by Tantaline, insurance and freight paid by Customer, with a description of the alleged defect. Goods returned shall be free of extraneous equipment. Customer is responsible for expenses in connection with dismantling and mounting. Any damage or alteration to any Goods caused by Customer, including by way of example only failure to utilize any Good or Part for its designated purpose, within designated parameters, or repairs not expressly authorized by Tantaline in writing, shall void the warranty.
Repairs. Tantaline will examine returned Goods and Parts. The warranty coverage applies for the unit price paid by the Customer for the first three (3) months after shipment to Customer, and then will decline at the rate of 3% per month until it is exhausted at the end of the 36th month. If any Goods are found to violate the above warranty, Tantaline will at its discretion (up to the amount of any pro rata remaining warranty coverage only) either provide a credit toward replacement Goods or Treatment or refund the remaining portion of Customer’s unit price paid (up to the pro-rata remaining warranty). Repaired or replaced Goods and Parts will be returned to Customer, freight paid by Tantaline. The original returned Goods shall become the property of Tantaline. The warranty period on any replacement Goods will run from the date of the original purchase date of the returned Goods. Tantaline has the right not to extend a new warrantee on replaced Goods. Goods found not to be defective will be returned to Customer at Customer’s expense.
THE WARRANTIES AND REMEDIES HEREIN ARE EXCLUSIVE, AND TANTALINE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY NATURE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ARE HEREBY DISCLAIMED.
IN NO EVENT, UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TANTALINE, ITS LICENSORS, ITS AFFILIATES, SUBSIDIARIES, AGENTS OR SUPPLIERS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT OR CONSEQUENTIAL DAMAGES TO PERSONS OR PROPERTY, LOST PROFITS, LOST REVENUES, LOST PRODUCTION, OR DAMAGES, EVEN IF TANTALINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO INSTANCE SHALL TANTALINE BE LIABLE FOR ANY DAMAGES WHATSOEVER GREATER THAN THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE PURCHASE ORDER.
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