Subject to the exclusions described below, all ITORQ products (“Products”) are guaranteed to be free from defects in materials and workmanship under normal use and service. Unless otherwise set forth in a quotation or agreed to by ITORQ in writing: (a) standard Products are guaranteed for so long as they are owned by the first using purchaser (b) modified, custom made, “Heavy Lifting Technology” Products are guaranteed for one year from the date of delivery to the buyer. This guarantee is not transferable beyond the first using purchaser and is limited to new Products having an identifiable serial number sold through ITORQ's authorised representatives and channels.
Exclusive Remedy In the event that ITORQ determines that a Product contains a defect in materials or workmanship, then ITORQ, in its sole discretion, will either: (a) repair the Product (b) replace the Product (c) refund the purchase price of the Product This limited guarantee is exclusive and is in lieu of all other express and implied guarantees, including but not limited to the implied guarantees of merchantability and fitness for a particular purpose. The remedy of repair, replacement or refund is buyer's sole and exclusive remedy under this guarantee. In no event shall ITORQ's liability under this guarantee exceed the purchase price of the product giving rise to the guarantee claim. All Products which are repaired or replaced shall be guaranteed only for the unexpired portion of the original guarantee period.
Exclusions This guarantee does not cover: (a) any failures which are not attributable to defects in materials or workmanship, including without limitation, failures caused by accidents, inadequate maintenance, misuse, unauthorised modifications or repairs, improper storage, and normal wear and tear (b) any consumable parts or accessories, such as cutter blades, nut splitter chisels, punches, dies, chains, wedges, and strands, that are designed to wear over time or through use of the Product (c) any Product which is used for a purpose other than that for which it was intended or used in a manner inconsistent with any instructions regarding its use (d) electronics, motors, batteries, and engines, as these items are guaranteed by their manufacturer
Guarantee Returns No Products shall be returned without prior authorisation from ITORQ. Buyer shall prepay all shipping charges for the return of Products to ITORQ’s designated service location.
Limitation of Liability In no event shall ITORQ be liable for any incidental damages, consequential damages, special damages, indirect damages, loss of profits, loss of revenues, or loss of use, even if informed of the possibility of such damages. ITORQ's liability for damages arising out of or related to any order is limited to the order price for the specific product that gives rise to the claim. To the extent permitted by applicable law, these limitations and exclusions shall apply regardless of whether liability arises from breach of contract, guarantee, tort (including but not limited to negligence), by operation or law, or otherwise.