Romi Warranty

ROMI MACHINE TOOLS, LTD. (the “Company”) warrants to the end-user that the products covered will be free from defects in material and workmanship under normal conditions of use, ordinary wear and tear excepted, for a period of one (1) year from the date of delivery based on single shift operation.
This limited warranty does not apply to defects arising out of: (i) material provided, or out of a design stipulated by the end-user, (ii) end-user’s faulty or improper installation, operation or maintenance of the products, (iii) alterations or modifications carried out without the Company’s prior consent in writing, (iv) repairs carried out improperly by the end-user or by third parties, or (v) normal wear and tear, accidents or misuse.
THE COMPANY MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY CONCERNING THE QUALITY OR CONDITION OF THE PRODUCTS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (The Company makes no warranty or representation that the products comply with the requirements of federal, state or local laws, regulations, rules and/or industrial codes).
(This limited warranty completely and exclusively states the obligations of the Company for any breach of the limited warranty.) The Company’s liability for any breach shall be limited to, at the Company’s option, the repair or replacement of any part or parts which are determined by the Company to be defective after it examines such part(s). The Company shall bear the cost and risk of shipment of parts and of repaired or replaced parts both to and from the Company. The cost of service for any work not covered under this limited warranty shall be as agreed in writing by the end-user and the company.
Any claim for breach of this limited warranty must be made in writing addressed to the Company and set forth in sufficient detail to permit identification of the defect. Any claim for breach of warranty must be made within 12 months from the date of shipment of the applicable product. If not made within said 12-month period, it shall be conclusively deemed to have been waived.

Under no circumstances shall the Company be liable for any other damages of any kind whether special, direct, indirect, consequential, incidental or any other sort even though the Company may have been advised of the possibility of such damages. In no event shall the Company’s liability exceed the purchase price of the product(s).

TERMS AND CONDITIONS OF SALE

ACCEPTANCE BY BUYER – Acceptance of this machine by dealer/end-user (“Buyer”) is EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS HERIEN CONTAINED. Any term or condition in any purchase order or other form in conflict with the terms or conditions is hereby expressly rejected and shall not be binding on ROMI Machine Tools, Ltd. (“Seller”)

PRICES – Prices are:

1. Subject to change without notice prior to acceptance of Buyer’s order by Seller.
2. Exclusive of all Federal, State, Municipal or other Government Excise, States, Use, Occupational or like taxes now in force or to be enacted in the future;
3. Subject to an increase equal in amount to any tax by the Seller may be required to collect or pay upon the sale of the items quoted;
4. Subject to change at any time by Seller in the event of any change in the Buyer’s requirements or terms and conditions.

SHIPPING ESTIMATES

1. The shipping dates provided are approximate and dependent upon prior sales.
2. Every effort will be made to effect shipment within the time stated. Seller will not be liable for any damages resulting directly or indirectly from fire, embargo, strikes, or acts of God, civil strife or insurrection, transportation delay, whether at the place of manufacture or elsewhere; fuel, power or other energy and material shortages, or from delay by reason of any rule, regulation or order of any governmental authority directly affecting delivery; or from other causes beyond Seller’s control.

DELIVERY: Seller shall have the right to select the carrier unless the carrier is selected by the Buyer. Upon delivery of the goods by the Seller to a carrier, the carrier shall be deemed to be the agent of the Buyer and risk of loss shall be on the Buyer.
RESERVATION OF RIGHTS IN RESPECT TO SELLER’S OTHER PRODUCTS: Seller reserves the right to make improvements/changes in design on its products without any obligation to make such changes or improvements on the equipment that is the subject of this order or on equipment previously manufactured and sold by it.
LIMITATION OF ACTIONS: Any action for breach of Seller’s warranty must be commenced within twelve (12) months from the time the cause of action accrues unless the period for action shall be extended by the Seller in writing. In the interpretation of this limitation on actions for breach of Seller’s Limited Warranty provided with the Terms and Conditions, it is expressly agreed that there are no warranties of future performance of the equipment that would extend the period of limitations herein contained for bringing an action.
GOVERNING LAW – Kentucky law shall govern any dispute arising from or in connection with the sales contract.
COMPLETE AGREEMENT – These Terms and Conditions shall constitute the entire agreement between the parties relating to the subject matter of this transaction and no alterations or additions shall bind the Seller unless expressly agreed in writing by a duly authorized officer of the Seller.