FOR POWER HAWK® RESCUE TOOLS AND ACCESSORIES
WARRANTY. Power Hawk Technologies, Inc. guarantees all gear parts in the Power Hawk®
P-16 Rescue Tool, which comprise the vast majority of the value of the tool, against defects in material and workmanship for as long as owned by the original purchaser. All other Power Hawk® parts, equipment and accessories are guaranteed against defects in material and workmanship for a period of one (1) year from the date of purchase by the original purchaser. The identity of the original purchaser and the date of purchase shall be established in each case by the return of the properly completed Warranty Registration Card.
WARRANTY TERMS.The obligations of Power Hawk Technologies, Inc. under this warranty include free replacement of the necessary parts and the shipping costs to return the equipment to the user, provided the inspection of the equipment has proved that the parts were defective at the time of purchase or were improperly designed or manufactured. The warranty inspection can only be performed by a Power Hawk Technologies, Inc. service center or an official Power Hawk Technologies, Inc. factory-trained distributor, and shipping costs to a Curtiss-Wright Flight Systems, Inc service center or an official Power Hawk Technologies, Inc. factory-trained distributor will be for purchaser's account. Said warranty shall remain in effect only if (1) such goods are used normally and properly in accordance with Power Hawk Technologies, Inc. instructions as to maintenance and operation, whether given orally or set forth in manuals and instruction sheets furnished by Power Hawk Technologies, Inc. and (2) the purchaser gives prompt notice to Power Hawk Technologies, Inc. of any such defects and preserves and turns over all allegedly defective goods, parts or items.
EXCLUSIONS. This warranty covers all defects in material and workmanship except:
Any damage occurring during shipments of the goods (for which claims shall be presented to the carrier).
Normal wear and tear and deterioration.
Damage caused by abuse, improper use, or corrosion
Damage caused by repairs performed by persons other than a Power Hawk Technologies, Inc. service center or an official Power Hawk Technologies, Inc. factory-trained distributor, or damage resulting from the use of parts other than genuine Power Hawk Technologies, Inc. parts.
THIS WARRANTY STATED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS, STATUTORY OR IMPLIED, AND CURTISS-WRIGHT FLIGHT SYSTEMS, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR MERCHANTABILITY, FITNESS, PERFORMANCE OR SUITABILITY FOR A PARTICULAR PURPOSE.
LIMITATION OF DAMAGES. Power Hawk Technologies, Inc.'s obligation under this warranty is limited to repair and/or replacement, at Curtiss-Wright Flight Systems, lnc.'s option, of any defective Power Hawk Technologies, Inc. tool, part, accessory or item or other manufacturer's tool, part, accessory of item, and under no circumstances, whether due to a breach of any warranty hereunder or any other cause, and whether arising in contract or in tort (including negligence or strict liability) shall Power Hawk Technologies, Inc. be liable for (1) consequential or indirect loss or damage including, but not limited to, loss of profits, loss of production, plant downtime, or liabilities to customers or other third parties, or (2) loss or damage arising out of the sale or contributory negligence of the purchaser, its employees or agents, or any third party, or (3) any special or punitive damages of any nature. If Power Hawk Technologies, Inc. determines, in its sole and final discretion, that the nature of the defect precludes remedy by repair and/or replacement Power Hawk Technologies, Inc. reserves the right to satisfy any warranty obligation by refunding the full purchase price, on return of all defective goods to Power Hawk Technologies, Inc., shipping cost prepaid. Any action for breach of warranty or other action must be commenced within one (1) year after such cause of action arises, except where applicable law would prohibit any such time restriction in bringing of such an action.
NOTICES. For all notices, information and inquiries concerning this warranty or Power Hawk Technologies, Inc. service centers and official Power Hawk Technologies, Inc. factory-trained distributors contact:
Power Hawk Technologies, Inc.
300 Forge Way, Suite 2
Rockaway, NJ 07866
Telephone: 973-627-4646
Fax: 973-627-4622
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