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IMPORTANT – Class 4 Laser Additional Terms and Conditions

Additional terms govern the sale of Trumpf products by Edmund Optics, which can be found on this page, and are incorporated herein by reference.

Edmund Optics makes no warranty regarding the Trumpf products. The Trumpf manufacturer warranty applicable to the products can be found at https://www.edmundoptics.com/return-policy/trumpf

The standard terms of sale for Edmund Optics can be found at https://www.edmundoptics.com/terms-and-conditions.

ADDITIONAL TERMS AND CONDITIONS

a) CLASS 4 LASER DEVICE: THE OEM LASER GOODS SOLD HEREUNDER ARE CLASS 4 LASER DEVICES AS DEFINED AT 21 CFR, SUBCHAPTER J, PART 1040.10(B)(11). Buyer acknowledges and agrees that because the Goods are OEM laser devices intended for incorporation as components in a laser processing system or part thereof that is designed, manufactured or integrated by Buyer or Buyer’s integrator (the “Integrated Product”), the Goods do not meet all of the Standards for complete laser processing systems as specified by 21 CFR, Subchapter J without additional safeguards. Buyer is solely responsible to ensure that any Integrated Product is designed and certified to meet all applicable safety statutes, rules or regulations prior to delivery for end use or sale to the public. Neither TRUMPF nor Edmund Optics play a role in the design or manufacture of, or the integration of the Goods into the Integrated Products or assume any responsibility for the compliance of any Integrated Product into which the Goods are incorporated. Buyer hereby agrees to indemnify and hold harmless TRUMPF and Edmund Optics against any government or third-party claims, penalties or liability required to be paid by TRUMPF or Edmund Optics arising out of the failure of any Integrated Product to comply with or be certified under applicable safety statutes, rules or regulations.

b) Workplace Practices: It is the responsibility of Buyer to know, understand and comply with the work and safety laws and regulations in effect and governing Buyer’s use of the Goods provided hereunder. If Buyer is the End-User of the Integrated Product, Buyer agrees that the Goods and all persons other than TRUMPF personnel operating or maintaining such Goods will be deemed under Buyer’s exclusive control. To the extent governing law requires inspections, reviews, records keeping and/or after-purchase modifications to the Goods, it is the responsibility of the Buyer to arrange for and comply with such requirements and any associated costs are the sole responsibility of the Buyer. Buyer shall indemnify TRUMPF and Edmund Optics against all third-party claims and liability required to be paid by TRUMPF or Edmund Optics to the extent arising out of (a) any modifications, including but not limited to repairs, made in the Goods by or on behalf of Buyer by persons or parties other than TRUMPF or Edmund Optics, and/or (b) Buyer’s negligent use of the Goods, including but not limited to use in production with any of the Integrated Product safety functions disabled, obstructed or circumvented.

c) Buyer’ Indemnification. Notwithstanding any provision to the contrary in this Agreement, in no event shall TRUMPF or Edmund Optics be liable for any loss, damage or product failure attributable to any service, product, or actions of any person other than TRUMPF or Edmund Optics, their employees and duly authorized agents. TRUMPF and Edmund Optics shall not be liable for and Buyer shall indemnify TRUMPF and Edmund Optics against all third party claims and liability required to be paid by TRUMPF or Edmund Optics to the extent arising out (i) the defective design, materials or workmanship of any Integrated Product, (ii) any modification of Goods by any party other than TRUMPF, or (iii) the use of the Goods integrated into or in combination with other products, including but not limited to the Integrated Product.

Issue version August 2021

 
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