Mine Safety Appliances Company
SCBA Lifetime Warranty
and Terms of Sale
1
.
Express Warranty
—SCBA and/or components furnished
under this order carry a Lifetime Warranty against material
defects and/or faulty workmanship, with the exception of those
components specifically identified herein. MSA shall be released
from all obligations under this warranty in the event repairs or
modifications are made by persons other than its own or
authorized service personnel or if the warranty claim results
from abuse, misuse, or normal wear and tear of the product. No
agent, employee or representative of MSA may bind MSA to any
affirmation, representation or modification of the warranty
concerning the goods sold under this contract. MSA makes no
warranty concerning components or accessories not manufac-
tured by MSA, but will pass on to the Purchaser all warranties
of manufacturers of such components.
THIS WARRANTY IS IN LIEU
OF ALL OTHER WARRANTEES, EXPRESS, IMPLIED OR STATUTO-
RY, AND IS STRICTLY LIMITED TO THE TERMS HEREOF: MSA
SPECIFICALLY DISCLAIMS ANY WARRANTY OF MER-
CHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Product Description
Warranty Period
Routine Air Mask Maintenance
SCBA (less Cylinder)
Lifetime
SCBA Cylinder
Until end of service life
as controlled by
gov’t. reg/DOT
SCBA Replacement Parts
Lifetime
SCBA Critical Repair Parts
Lifetime
3.
Exclusive Remedy
—It is expressly agreed that the Purchaser’s
sole and exclusive remedy for breach of the above warranty, for
any tortious conduct of MSA, or for any other cause of action,
shall be the repair and/or replacement, at MSA’s option, of any
equipment or parts thereof, that after examination by MSA are
proven to be defective. Replacement equipment and/or parts
will be provided at no cost to the Purchaser, F.O.B. Purchaser’s
named place of destination. Failure of MSA to successfully
repair any nonconforming product shall not cause the remedy
established hereby to fail of its essential purpose.
MSA requires that the SCBA be maintained as speci-
fied in the Operations and Instructions Manual; howev-
er, the warranty coverage is for material defects
and/or faulty workmanship only, and is not depend-
ent on performing routine maintenance. The mate-
rial and labor costs of overhaul procedures and
other routine maintenance are the responsibility of
the purchaser and are not covered by the warranty.
2
.
Exceptions
—The products below are excluded from MSA’s Lifetime Warranty:
4.
Exclusion of Consequential Damages
—Purchaser specifical-
ly understands and agrees that under no circumstances will
MSA be liable to Purchaser for economic, special, incidental, or
consequential damages or losses of any kind whatsoever,
including but not limited to, loss of anticipated profits and any
other loss caused by reason of the non-operation of the goods.
This exclusion is applicable to claims for breach of warranty, tor-
tious conduct or any other cause of action against MSA.
Product Description
Exception
Warranty Period
Facemask Blank, Breathing Tube,
Harness, & Nose Cup
Rubber Product
5
Year Limited/Age Deterioration
Electronic Speech Communication
NightFighter System
Manufacturer’s Warranty
1
Year
Non-Rechargeable Batteries
Expendable and/or Consumable Parts
N/A
ID
010
5-44-MC/ Apr
2000
© MSA
2000
Printed in U.S.A.
Corporate Headquarters
U.S. Customer Service Center
MSA International
P.O. Box 4
2
6
1
-8
00
-MSA-
2222
Phone (4
12
) 967-3354
Pittsburgh, PA
1
5
2
3
0
USA
FAX (4
12
) 967-345
1
Phone (4
12
) 967-3
000
www.MSAnet.com
28
TAL 601 (L) Rev. 5 - 10041214