Terms and Conditions
All ZENA welding system components sold are subject to the terms of this limited warranty. The welding product that you have purchased from ZENA, Incorporated (ZENA) is warranted to the original purchaser (Purchaser) to be free from defects in materials or workmanship for a period of three (3) years / thirty-six (36) months from the date of purchase. However, in cases where the welding system is provided complete with a drive engine, the engine will be subject to the engine manufacturer's warranty provided with the welding product.
If the product is found to be defective during the warranty period, ZENA will, at its option, either repair or exchange the defective product with an identical or equivalent replacement product with substantially equivalent or superior specifications.
This is not an unconditional guarantee against all hazards or failures (see Exclusions from Warranty). This warranty is made to the original purchaser, or in the case of a gift, to the original owner, and is not transferable.
The product that you have purchased has been manufactured to ZENA's current product specifications. It may vary in details of design and construction from descriptions in literature or samples, displays or other models inspected by Purchaser previously.
All claims under this limited warranty shall be deemed waived unless received by ZENA within 10 days of delivery if visibly damaged or defective, and, otherwise, within 30 days after the defect to which each claim relates is discovered.
Immediately upon identifying a problem which you believe to be a failure subject to the product's limited warranty, you must contact ZENA at the address or telephone number listed in your operation manual. Be prepared with the following information:
You must work with our technical support staff to help diagnose the problem. This may include performing routine diagnostic procedures. The technician will determine if the problem can be solved over the telephone or if return for repair is required.
Upon determining that the product has failed under the terms of the warranty, and that return to the repair facility is required, ZENA will provide you with the following information:
Items being returned must be shipped, at the purchaser's cost, insured, and in their original shipping containers and packing material or otherwise adequately packed for shipment, and the RMA number must appear clearly on the outside of the package. If the product is damaged during shipment or received in inadequate packaging, this warranty may not apply.
Exclusions from Warranty
This warranty is contingent upon proper use of the product by Purchaser. This warranty does not apply to products which have been incorrectly installed or which have been subjected improperly to extreme operating or environmental conditions; to products subjected to modification, tampering, or repair by any party other than ZENA; or to products damaged by negligence, casualty, improper service, or maintenance. The warranty also does not apply to products damaged during shipment, or as a result of the purchaser's failure to comply with any of the procedures specified in the product's Operators Manual. This warranty does not apply to failure caused by normal wear and tear, or to physical damage to components which may occur during normal use.
No Recovery of Consequential or Special Damages
ZENA shall not be liable for any consequential or special damages based on negligence, breach of warranty, strict liability, or any other theory, for failure to perform its obligations under this agreement. Additionally, consequential and special damages shall be not recoverable even if the repair or replacement remedy for ZENA's breach of its limited warranty fails of its essential purpose or for any other reason.
Limitation of Remedy
Purchaser's exclusive remedy and the limit of ZENA's liability for breach of the limited warranty set forth above, whether based on negligence, breach of warranty, strict liability, or any other theory, shall be, at ZENA's option, repair or exchange of the defective product, F.O.B. Elmwood, Tennessee, with an identical or equivalent replacement product with substantially equivalent or superior specifications.
Disclaimer of Warranties
Except as expressly provided above, this product is provided "as is" without warranty of any kind, and ZENA expressly disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. If the product has a manufacturing defect, your sole remedy is the repair or replacement remedy stated in this warranty, and under no circumstances shall ZENA be liable for any other damage or loss, whether direct, incidental, special or consequential, arising out of the use of, or the inability to use, the product. Some states do not permit the exclusion or modification of these implied warranties or the exclusion of incidental or consequential damages, so this disclaimer may not apply to you.
The sample warranty,and the terms and conditions listed on these pages is non-binding and subject to change without notice or liability. We do our best to verify that all information provided on our web pages is up to date and correct. However, this information is provided only as a sample. The documents which accompany your product may differ from those depicted here.
© Copyright 1999, 2000 by ZENA, Incorporated. All rights reserved.
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