Haas Automation, Inc.
Covering Haas Automation, Inc. CNC Equipment
Effective September 1, 2010
Haas Automation Inc. (“Haas” or “Manufacturer”) provides a limited warranty on all new mills, turning centers, and rotary machines (collectively, “CNC Machines”) and their components (except those listed below under Limits and Exclusions of Warranty) (“Components”) that are manufactured by Haas and sold by Haas or its authorized distributors as set forth in this Certificate. The warranty set forth in this Certificate is a limited warranty, it is the only warranty by Manufacturer, and is subject to the terms and conditions of this Certificate.
Limited Warranty Coverage
Each CNC Machine and its Components (collectively, “Haas Products”) are warranted by Manufacturer against defects in material and workmanship. This warranty is provided only to an end-user of the CNC Machine (a “Customer”). The period of this limited warranty is one (1) year. The warranty period commences on the date the CNC Machine is installed at the Customer’s facility. Customer may purchase an extension of the warranty period from an authorized Haas distributor (a “Warranty Extension”), any time during the first year of ownership.
Repair or Replacement Only
Manufacturer’s sole liability, and Customer’s exclusive remedy under this warranty, with respect to any and all Haas products, shall be limited to repairing or replacing, at the discretion of the Manufacturer, the defective Haas product.
Disclaimer of Warranty
This warranty is Manufacturer’s sole and exclusive warranty, and is in lieu of all other warranties of whatever kind or nature, express or implied, written or oral, including, but not limited to, any implied warranty of merchantability, implied warranty of fitness for a particular purpose, or other warranty of quality or performance or noninfringement. All such other warranties of whatever kind are hereby disclaimed by Manufacturer and waived by Customer.
Limits and Exclusions of Warranty
Components subject to wear during normal use and over time, including, but not limited to, paint, window finish and condition, light bulbs, seals, wipers, gaskets, chip removal system (e.g., augers, chip chutes), belts, filters, door rollers, tool changer fingers, etc., are excluded from this warranty. Manufacturer’s specified maintenance procedures must be adhered to and recorded in order to maintain this warranty. This warranty is void if Manufacturer determines that (i) any Haas Product was subjected to mishandling, misuse, abuse, neglect, accident, improper installation, improper maintenance, improper storage, or improper operation or application, including the use of improper coolants or other fluids, (ii) any Haas Product was improperly repaired or serviced by Customer, an unauthorized service technician, or other unauthorized person, (iii) Customer or any person makes or attempts to make any modification to any Haas Product without the prior written authorization of Manufacturer, and/or (iv) any Haas Product was used for any non-commercial use (such as personal or household use). This warranty does not cover damage or defect due to an external influence or matters beyond the reasonable control of Manufacturer, including, but not limited to, theft, vandalism, fire, weather condition (such as rain, flood, wind, lightning, or earthquake), or acts of war or terrorism.
Without limiting the generality of any of the exclusions or limitations described in this Certificate, this warranty does not include any warranty that any Haas Product will meet any person’s production specifications or other requirements, or that operation of any Haas Product will be uninterrupted or error-free. Manufacturer assumes no responsibility with respect to the use of any Haas Product by any person, and Manufacturer shall not incur any liability to any person for any failure in design, production, operation, performance, or otherwise of any Haas Product, other than repair or replacement of same as set forth in the warranty above.
Limitation of Liability and Damages
Manufacturer will not be liable to Customer or any other person for any compensatory, incidental, consequential, punitive, special, or other damage or claim, whether in an action in contract, tort, or other legal or equitable theory, arising out of or related to any Haas product, other products or services provided by Manufacturer or an authorized distributor, service technician, or other authorized representative of Manufacturer (collectively, “authorized representative”), or the failure of parts or products made by using any Haas Product, even if Manufacturer or any authorized representative has been advised of the possibility of such damages, which damage or claim includes, but is not limited to, loss of profits, lost data, lost products, loss of revenue, loss of use, cost of down time, business good will, any damage to equipment, premises, or other property of any person, and any damage that may be caused by a malfunction of any Haas product. All such damages and claims are disclaimed by Manufacturer and waived by Customer. Manufacturer’s sole liability, and Customer’s exclusive remedy, for damages and claims for any cause whatsoever shall be limited to repair or replacement, at the discretion of Manufacturer, of the defective Haas Product as provided in this warranty.
Customer has accepted the limitations and restrictions set forth in this Certificate, including, but not limited to, the restriction on its right to recover damages, as part of its bargain with Manufacturer or its Authorized Representative. Customer realizes and acknowledges that the price of the Haas Products would be higher if Manufacturer were required to be responsible for damages and claims beyond the scope of this warranty.
This Certificate supersedes any and all other agreements, promises, representations, or warranties, either oral or in writing, between the parties or by Manufacturer with respect to subject matter of this Certificate, and contains all of the covenants and agreements between the parties or by Manufacturer with respect to such subject matter. Manufacturer hereby expressly rejects any other agreements, promises, representations, or warranties, either oral or in writing, that are in addition to or inconsistent with any term or condition of this Certificate. No term or condition set forth in this Certificate may be modified or amended, unless by a written agreement signed by both Manufacturer and Customer. Notwithstanding the foregoing, Manufacturer will honor a Warranty Extension only to the extent that it extends the applicable warranty period.
This warranty is transferable from the original Customer to another party if the CNC Machine is sold via private sale before the end of the warranty period, provided that written notice thereof is provided to Manufacturer and this warranty is not void at the time of transfer. The transferee of this warranty will be subject to all terms and conditions of this Certificate.
This warranty shall be governed by the laws of the State of California without application of rules on conflicts of laws. Any and all disputes arising from this warranty shall be resolved in a court of competent jurisdiction located in Ventura County, Los Angeles County, or Orange County, California. Any term or provision of this Certificate that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof, or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.