Miller Electric OM-230 Operations Instructions download pdf (Page 18)

OM-263 230 Page 16

authorized in writing by Miller in appropriate cases, (3) the reasonable cost of

repair or replacement at an authorized Miller service station; or (4) payment of

or credit for the purchase price (less reasonable depreciation based upon ac-

tual use) upon return of the goods at customer’s risk and expense. Miller’s

option of repair or replacement will be F.O.B., Factory at Appleton, Wisconsin,

or F.O.B. at a Miller authorized service facility as determined by Miller. There-

fore no compensation or reimbursement for transportation costs of any kind

will be allowed. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES

PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES. IN NO

EVENT SHALL MILLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, IN-

CIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF

PROFIT), WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LE-

GAL THEORY. ANY EXPRESS WARRANTY NOT PROVIDED HEREIN

AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS

TO PERFORMANCE, AND ANY REMEDY FOR BREACH OF CONTRACT

TORT OR ANY OTHER LEGAL THEORY WHICH, BUT FOR THIS PROVI-

SION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM

OF TRADE OR COURSE OF DEALING, INCLUDING ANY IMPLIED WAR-

RANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PUR-

POSE, WITH RESPECT TO ANY AND ALL EQUIPMENT FURNISHED BY

MILLER IS EXCLUDED AND DISCLAIMED BY MILLER.

Some states in the U.S.A. do not allow limitations of how long an implied war-

ranty lasts, or the exclusion of incidental, indirect, special or consequential

damages, so the above limitation or exclusion may not apply to you. This war-

ranty provides specific legal rights, and other rights may be available, but may

vary from state to state. In Canada, legislation in some provinces provides for

certain additional warranties or remedies other than as stated herein, and to

the extent that they may not be waived, the limitations and exclusions set out

above may not apply. This Limited Warranty provides specific legal rights,

and other rights may be available, but may vary from province to province.

Mil oxy-fuel warr 2013-05

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Miller Electric OM-230 Operations Instructions Page 18