This Global Guarantee (“Warranty”) governs the warranty obligations of ITORQ & ITORESQ with respect to products manufactured & supplied by ITORQ & ITORESQ (“Product”).
This Warranty constitutes the exclusive warranty applicable to the Product & supersedes any prior representations, written or oral, except those expressly confirmed in writing by ITORQ & ITORESQ.
Warranty Coverage
Subject to the terms & conditions herein, ITORQ & ITORESQ warrants that the Product shall be free from defects in material & workmanship under normal industrial use & proper maintenance.
The warranty period applicable to any Product shall be the period expressly stated in the quotation, order confirmation, or invoice issued for that specific supply.
No warranty period shall be implied in the absence of written specification.
Beneficiary & Non-Transferability
This Warranty is extended solely to the original purchaser of the Product.
This Warranty is non-transferable & shall not extend to:
- Subsequent purchasers
- End users not purchasing directly from ITORQ & ITORESQ
- Assignees, unless expressly approved in writing
Any resale, reassignment, or transfer of Product does not extend or renew warranty coverage without written approval.
Conditions Precedent to Warranty Validity
Warranty coverage is strictly conditioned upon:
- Operation within rated load limits
- Operation within maximum pressure marked on Product
- Proper installation
- Proper mounting & alignment
- Routine inspection & maintenance
- Use only in industrial applications consistent with design intent
- Use by trained & competent personnel
- Strict adherence to instruction manuals
Failure to meet these conditions automatically voids this Warranty.
Rated Limits & Usage
Maximum operating pressure is marked on the Product.
Maximum load capacity is specified in technical documentation or commercial communication.
Exceeding any rated specification immediately voids the Warranty & releases ITORQ & ITORESQ from all liability.
Warranty Claim Procedure
To initiate a valid claim:
- Written notification must be provided within the applicable warranty period.
- Product serial number, invoice reference, & detailed defect description must be provided.
- Supporting evidence, including photographs or operating conditions, may be required.
- Product shall not be returned without written authorization.
ITORQ & ITORESQ reserves the right to:
- Inspect the Product at Customer’s premises;
- Require return of Product for inspection;
- Conduct technical evaluation prior to accepting claim.
Failure to comply with claim procedure may invalidate the claim.
Exclusive Remedy
If a defect is confirmed to be covered by this Warranty, ITORQ & ITORESQ’s sole & exclusive obligation shall be, at its discretion:
- Repair of defective component;
- Replacement of defective component;
- Supply of functionally equivalent component.
No refund, project compensation, replacement of entire systems, downtime compensation, or liquidated damages shall apply unless expressly approved in writing by ITORQ & ITORESQ.
Repaired or replaced components are covered only for the remainder of the original warranty period.
Freight & Logistics
Where defect is validated under Warranty, freight for repair or replacement shall generally be borne by ITORQ & ITORESQ unless otherwise agreed.
Shipping damage occurring after risk transfer is not covered & must be claimed against transporter.
Exclusions (Non-Exhaustive)
This Warranty does not cover:
- Normal wear tear
- Consumables (seals, lubricants, O-rings, oil, fasteners)
- Abrasion or corrosion
- Environmental exposure beyond design
- Improper storage
- Hydraulic contamination
- Side loading or eccentric loading
- Excessive dynamic shock
- Improper foundation
- Improper alignment
- Calibration neglect
- Unauthorized repair
- Structural modification
- Removal of serial markings
- Use of incompatible accessories
- Use in explosive or hazardous environments unless confirmed
This list is non-exhaustive.
Disclaimer of Implied Warranties
Except as expressly set forth herein, ITORQ & ITORESQ disclaims all warranties, express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
No employee or representative is authorized to enlarge this Warranty unless done in writing by ITORQ & ITORESQ.
Limitation of Liability
To the maximum extent permitted by law:
ITORQ & ITORESQ’s total aggregate liability arising from any claim related to the Product shall not exceed the invoice value of the Product supplied.
ITORQ & ITORESQ shall not be liable for:
- Loss of profit
- Loss of production
- Business interruption
- Site delay claims
- Contractual penalties
- Indirect damages
- Incidental damages
- Special damages
- Consequential damages
- Third-party claims
These exclusions apply regardless of legal theory, including negligence or strict liability.
Engineering Responsibility Disclaimer
Selection, installation, load verification, system integration, & safety factor determination remain the sole responsibility of the Customer.
ITORQ does not assume responsibility for structural calculations or system-level engineering decisions not expressly contracted in writing.
Survival
Limitations of liability & exclusions of damages shall survive expiration or termination of this Warranty.
Governing Law & Jurisdiction
This Warranty shall be governed exclusively by the laws of India.
All disputes shall be subject to exclusive jurisdiction of courts located in Hyderabad, Telangana.
Acceptance
Use or retention of the Product constitutes acceptance of this Warranty.