Warranty and Return Policies

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Magnuson-Moss Act regarding Warranty and the use of Aftermarket replacement parts

Limited Warranty

Statement of Limited Warranty: Subject to the terms and conditions below, Thermacut, Inc., Claremont, New
Hampshire, (Seller) warrants to the original Buyer that its new Thermacut products sold after the effective date of
this limited warranty, April 24,2005 will be free of defects in materials and workmanship at the time it is shipped
by Seller. For purposes of this warranty, a defective item is an item that is found by Seller to have been defective
in materials or workmanship, if the defect materially impairs the value of the goods to Buyer. If Buyer shall have
approved a sample or drawing of, or specifications for, the goods, then the goods shall not be defective to the
extent they conform to the sample, drawings, or specifications
Limitation of Liability: Seller’s liability under this warranty shall be limited at its sole option to repairing or replacing
any defective goods at Seller’s factory or issuing a credit to Buyer for the purchase price of the defective goods.
In any case, Seller shall have no liability under this warranty except for goods returned to Seller’s factory, freight
prepaid, and with a valid Returned Goods Authorization number within the warranty period (see below) after delivery
of the goods to Buyer. If Buyer does not return the defective goods to Seller within the warranty period after
the delivery of the goods to the Buyer, any claim for breach of warranty shall be conclusively deemed to have
been waived and Seller shall not be liable under this warranty. Seller’s acceptance of any goods returned shall
not be deemed an admission that the goods are defective, or in breach of any warranty, and if Seller determines
that the goods are not defective based on Seller’s accepted method of testing, the goods shall be reshipped to
Buyer at Buyer’s expense. All parts returned and retained by Seller shall become Seller’s property. Seller will not
accept or be liable for back charges for labor or repair costs incurred by Buyer without the prior written consent of
Seller. This warranty shall not apply to any goods that have been altered or repaired, or that have been subject to
misuse, negligence or accident, including, without limitation, use and operation of the goods while any parts are
loose, broken or damaged or have been used with parts other than original Seller parts, which may affect performance
or safety. Seller’s liability for any defect in the goods shall not exceed the purchase price of the goods
THE WARRANTIES HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE. IN PARTICULAR, SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Seller shall not be liable for incidental or consequential damages arising from
any product defect, delay, recall, non-delivery or other breach. Seller shall not be liable to Buyer in tort, including,
but not limited to any claim for negligent manufacture of the goods or for the omission of any warning there-from.
No employee, representative, agent or distributor of Seller except the President of Seller has authority to
modify, expand or extend this warranty, to waive any of the limitations or exclusions, or to make any different
or additional warranties with respect to the goods. On any resale of the goods, Buyer shall contractually limit its
customer’s rights and remedies against both Buyer and Seller to the same extent as Buyer’s rights and remedies
are limited under this warranty. Notwithstanding any other provision in this agreement, Seller shall not be liable to
a customer of Buyer for any modification, extension or expansion of this warranty by Buyer beyond the scope of
this warranty or for any different or additional warranties made by Buyer with respect to the goods.

Plasma Torches with or without leads .......................................................... 1 Year
Plasma Torch Replacement Parts ............................................................... 90 Days
Plasma Consumable Components * .........................................................Defect only
TIG Torches with or without leads ............................................................. 90 Days
TIG Torch Replacement Parts ................................................................... 90 Days
TIG Consumable Components * .............................................................Defect only
MIG Torches and Leads ........................................................................... 90 Days
MIG Torch Replacement Parts .................................................................. 90 Days
MIG Consumable Components * ............................................................Defect only
OEM Torches and leads ..........................................................No Warranty Allowed
OEM consumable components .................................................No Warranty Allowed

*Thermacut is not responsible for the replacement of any consumable components due to normal wear.
Obligations of the User: These products will perform in accordance to the manufacturers or OEM requirements
when installed, operated, maintained and repaired as recommended. Parts that are broken, missing, worn,
distorted or contaminated should be repaired immediately. Should such a repair or replacement become necessary
Thermacut recommends that a request be made to an Authorized Distributor from whom the product was
purchased. Torches returned to Thermacut for warranty due to the failure to conform must be accompanied by
the torch parts used at the time of non-conformance. Failure to comply will void the warranty.

Returns Policy

Return Goods Authorization (RGA) required, special order/OEM items non-returnable,
purchases over 1-year old non-returnable, returns must be in original
packaging with legible lot numbers, returned torches must have used consumables
“in-place” (see warranty section).
Credits must be used within 90 days of issuance.

Magnuson-Moss Federal Trades Commission Improvement Act

It is against Federal Law for an original manufacturer to void a valid warranty solely because of the use of non-original replacement parts (unless that OEM furnishes said replacement parts without charge under terms of that warranty). The end user of the products may have legal recourse against the OEM for violation of the Magnuson-Moss Federal Trades Commission Improvement Act, Public Law 93-637 (1975) specifically SEC 102(C).

Learn more at the FTC.gov website:
A Businessperson's Guide to Federal Warranty Law

For more information or to file a complaint contact:
Phone: (202) 326-3128 Fax: (202) 326-2050
Marketing Practices
Federal Trade Commission
7th & Pennsylvania Ave Room 238
Washington D.C. 20580

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