ECOSAIRE EN Series Owner'S Manual Download

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Owners Manual Ecosaire

EN Series Precision Air Conditioner

Ecosaire

July 2009

Data subject to change without notice.

1. This Contract constitutes the entire
agreement between the parties relating
to the transaction described herein and
shall prevail over the terms of the
Buyer's purchase order and the Seller's
acknowledgment, except that quantities,
prices, dates, places of delivery and
means of transportation shall be fixed by
the terms of the Seller's acknowledg-
ment. No modification, waiver or dis-
charge of this Contract shall bind the
Seller, unless made in writing and signed
by Seller's authorized representative at
its home office in Montreal, Quebec,
Canada.

2. This Contract shall be governed and
interpreted in accordance with the applica-
ble laws of the State of New York, U.S.A.

3. If any of the terms of this Contract
are held to be invalid, illegal or unen-
forceable, the validity and enforceability
of the remaining portions shall not in any
way be affected or impaired thereby.

4. The prices quoted are F.O.B.
Montreal, Quebec, Canada. It is agreed
that the term F.O.B. is a price term only
and imposes no obligation upon Seller
apart from price.

5. Transfer of the equipment from the
Seller to a common carrier or a licensed
public trucker shall constitute delivery.
Upon such delivery, title shall pass to the
Buyer, subject to the Seller's right of stop-
page in transit. In the instance of equip-
ment held subject to Buyer's instructions,
equipment for which the Buyer has failed
to supply shipping instructions, or in any
case where Seller, in its sole discretion,
determines that any part of the equipment
purchased by Buyer shall be held for
Buyer's account, Seller may invoice the
equipment and Buyer agrees to make pay-
ment at the maturity of the invoice so ren-
dered. Equipment invoiced and held at
any location, for whatever reason, shall be
at Buyer's risk and Seller may charge for
insurance and storage at prevailing rates.

Partial deliveries shall be accepted by

the Buyer and paid for at contract prices
and terms. When Buyer has declared or
manifested an intention that it will not
accept delivery in accordance with the
provisions of this Contract, no tender of
delivery shall be necessary, but Seller
may, at its option, give notice in writing to
Buyer that Seller is ready and willing to

deliver in accordance, with the provi-
sions of the Contract and such notice
shall constitute a valid tender of delivery.

6. Seller assumes responsibility, up to
the time of delivery to a common carrier
or licensed public trucker. All risk of loss
or damage, including damage caused by
the carrier's negligence, is assumed by
the Buyer.

7. Seller shall not be liable for damages
arising out of its failure to make, or delay
in making, delivery because of fire, flood,
strikes, riots, accidents, insurrections,
lockouts, breakdown of machinery, loss
or damage of goods in transit, Acts of
God, inability to obtain component parts,
or any other circumstance or cause
beyond the Seller's control, except for its
own negligence.

8. The remedies provided in this Contract
for breach thereof shall constitute the
exclusive remedy available to Buyer and
all other remedies which might otherwise
be available under the law of any jurisdic-
tion are hereby waived by Buyer.

9. Seller warrants that the title conveyed
under the terms of this Contract shall be
good and marketable and that the goods
shall be delivered free from any lien,
encumbrance or security interest whatsoev-
er.

10. Seller warrants that the sale or use
of its products will not infringe any United
States patent, and undertakes to indem-
nify Buyer against all judgments,
decrees, costs or expenses resulting
from such alleged infringement, and
covenants that, upon receipt of timely
written notification and request from
Buyer and at Seller's own expense, it will
defend, or assist in the defense of, any
suit or action which may be brought
against Buyer by reason of any alleged
infringement of any United States patent
in the sale or use of Seller's product.

11.(a) Material Replacement. Subject to
the terms and conditions contained here-
in, Seller warrants all equipment to Buyer
for a period of 18 months from shipment
or 12 months from the date of start-up,
whichever is earlier, to be free from
defects in material and workmanship.
Seller's responsibility under the foregoing
warranties shall be limited to supplying,
at its option, new or remanufactured

parts to replace parts containing defects
in material or workmanship discovered
within the above warranty periods. The
warranty on such new or remanufactured
parts shall not extend beyond the original
warranty period. (b) Labor. Seller shall
provide labor to repair any defect in
material or workmanship in precision air
conditioning products within the 30 day
period following a purchased factory
start-up , but only if such start-up is pur-
chased from Seller, (with such labor war-
ranty not to extend beyond the expiration
of the material replacement warranty
period described in the first section of
this paragraph).

12. Subject to the terms and conditions
contained herein, Seller warrants all sep-
arately purchased replacement parts to
Buyer for a period of 90 days following
shipment to be free from defects in
material and workmanship. Within the
90 day period following shipment,
Seller's sole responsibility hereunder
shall be to provide replacement parts
upon request by Buyer and evidence
satisfactory to Seller of the existence of
a bona fide defect covered by this war-
ranty. No part may be returned until
Buyer has obtained a signed goods
return authorization from Seller's home
office in Montreal, Quebec, Canada.

Parts are to be returned to Seller pre-

paid and must be received by Seller
within 90 days after the issuance of
Seller's goods return authorization.
Upon inspection by Seller confirming
coverage under this warranty, a replace-
ment part credit will be issued.

13. Buyer may, at its option, prior to
delivery of the equipment by Seller, pur-
chase an Extended Four (4) Year
Warranty on any purchased refrigeration
compressors. If this Extended Four (4)
Year Warranty is purchased, Seller war-
rants the compressor to be free from
defects in materials and workmanship.
This obligation is limited to providing
replacement parts or replacing the com-
pressor at Seller's option for four (4)
years following the expiration of the stan-
dard warranty described in this Contract.
This warranty extends only to the Buyer
as defined above and it cannot be trans-
ferred unless authorized in a writing
signed by the Seller.

Dectron Internationale Terms and Conditions of Sale for Products Installed in the United States of America
and Canada
Ecosaire® Units and Factory-Supplied Accessories

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