BLACOH F
LUID
C
ONTROL
, I
NC
.
10
M
ANUFACTURER
’
S
L
IMITED
W
ARRANTY
& R
ETURN
P
OLICY
Standard Product Limited Warranty
Subject to the limitations set forth below, Blacoh Fluid Controls, Inc. ("Blacoh") warrants its products to be free
from defects in material and workmanship under normal
use, service, and maintenance in accord with Blacoh’s
published specifications for a period of two years from date of shipment by Blacoh (the "Warranty"). The
EXCLUSIVE REMEDY for any product defect covered under this Warranty shall be one of the following, as
determined by Blacoh in Blacoh’s sole discretion: (a) refund
of the purchase price; or (b) replacement or repair of
the defective part or parts at Blacoh’s facility. This Wa
rranty will be null and void if the product is used in an
inappropriate application or if the product has been altered, misapplied, improperly installed, or not properly
inspected and maintained. To the maximum extent allowed by applicable law, Blacoh will not be responsible for
nor have any liability for any “Damage,” which means any of
the following, whether the claim sounds in breach of
contract, breach of warranty, tort, strict liability, implied
contractual indemnity, or otherwise: (i) any damage, loss,
or injury of any kind, or destruction, or death, whether or not caused by any defect in a Blacoh product and
whether or not the Blacoh product is installed, used, operated, and/or maintained in accord with Blacoh
instructions, to other products, machinery, buildings, property, or persons, and (ii) any costs, expenses, losses, or
incidental, consequential, or special damages of any kind or nature, including but not limited to loss of profits,
arising from or related to any Blacoh product, whether or not caused by any defect in a Blacoh product and
whether or not the Blacoh product is installed, used, operated, and/or maintained in accord with Blacoh
instructions. Damage resulting from chemical incompatibility or from over-pressurization of a product, whether
from gas or fluid, is not covered under this Warranty, nor will Blacoh be responsible in any way for any such
Damage. Because Blacoh does not determine and cannot anticipate or control the many different conditions under
which its products may be used, Blacoh does not warranty the applicability, suitability, or fitness of any of its
products for any particular use or purpose. Statements concerning the possible use of Blacoh products are not
intended and shall not be interpreted as warranties of fitness for any specific use of such products. Each user of
Blacoh products must conduct its own engineering analysis and tests to determine the suitability of each Blacoh
product for the user's intended uses or purposes, including but not limited to chemical compatibility and
pressurization, and any written or oral assistance from Blacoh in this regard does not relieve the user from
exclusive responsibility for such engineering analysis and testing. Blacoh products are sold with only this limited
Warranty, and each buyer assumes all responsibility for Damage (as defined above), including but not limited to,
Damage arising from defects in Blacoh products and/or from the handling and use of Blacoh products whether
used in accordance with Blacoh's directions or otherwise. Any products sold by Blacoh which are manufactured by
and sold under the name of another company are NOT WARRANTED by Blacoh under the foregoing Warranty or
otherwise. The buyer must rely exclusively on the product warranty, if any, given by such other company.
Products manufactured by Blacoh as an original equipment manufacturer (OEM) to be sold by a customer under
the customer’s brand and name are warranted by Blacoh
only under the above Warranty, and Blacoh shall have no
liability whatsoever with respect to any representation or warranty given by
such customer (or such customer’s
representatives, distributors, agents, employees, or independent contractors) to any of its buyers which is different
in any respect whatsoever from the foregoing Warranty. EXCEPT FOR THE WARRANTY GIVEN ABOVE, WHICH
IS SUBJECT TO THE ADDITIONAL LIMITATIONS STATED ABOVE, AND EXCEPT FOR THE ADDITIONAL
LIMITED WARRANTY ON BLACOH’S PTFE BELLOWS
STATED BELOW, BLACOH GIVES NO WARRANTY OF
ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF ITS PRODUCTS,
INCLUDING WITHOUT LIMITATION NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE. NO COURSE OF DEALING, USAGE OF TRADE, OR OTHER ORAL
OR WRITTEN STATEMENTS SHALL MODIFY THE FOREGOING WARRANTY PROVISIONS AND LIMITATIONS
IN ANY RESPECT WHATSOEVER. This Warranty shall be governed by and construed in accordance with the
laws of the State of California.
PTFE Bellows Limited Warranty
In addition to Blacoh's Standard Product Limited Warranty and subject to the limitations set forth below, Blacoh
warrants that its PTFE Bellows equipment (“PTFE Bellows”) on Blacoh's PTFE Bellows-fitted pulsation dampener
will perform in accordance with Blacoh's written product description for three years from date of shipment ("PTFE
Bellows Warranty"). This PTFE Bellows Warranty applies only to PTFE Bellows that are sized, charged, installed,
used, operated, and maintained strictly in accordance with all installation, use, operation, and maintenance
instructions provided by Blacoh, and failure to properly size, charge, install, use, operate, and maintain the PTFE
Bellows (or failure to do any of them) shall make the PTFE Bellows Warranty null and void. This PTFE Bellows
Warranty does not include applications where failure of performance is due to an unbalanced pressure load or a
transient pressure spike (sometimes called a water hammer). The EXCLUSIVE REMEDY for breach of this PTFE
Bellows Warranty is replacement of the PTFE Bellows at
Blacoh’s facility, and not any other equipment or parts
whatsoever, and Blacoh will not be responsible for any Damage or any other loss of any kind, including but not
limited to incidental, consequential, or special damages (including but not limited to loss of profits), in any way
arising from failure of the PTFE Bellows to perform in accordance with Blacoh’s written product description. This
PTFE Bellows Warranty shall be governed and construed in accordance with the laws of the State of California.
