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Powerex Limited Warranty
Warranty and Remedies.
(
a) General
. Powerex warrants each Compressor System, Vacuum System, Vacuum Pump, Compressor Air-End, or
Powerex branded Accessory (collectively “Products”, individually each a “Product”) to be free from defects in material and workmanship (“Defects”) at
the date of shipment. EXCEPT AS SET FORTH BELOW, NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WAR-
RANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF
SUCH PRODUCTS. TO THE EXTENT PERMITTED BY LAW, ANY AND ALL IMPLIED WARRANTIES ARE EXCLUDED. All claims under this war-
ranty must be made in writing and delivered to Powerex, or such claim shall be barred. Upon timely receipt of a claim, Powerex shall inspect the Prod-
uct claimed to have a Defect, and Powerex shall repair, or, at its option, replace, free of charge, any Product which it determines to have had a Defect
at the time of shipment from Powerex; provided, however, that if circumstances are such as to preclude the remedying of Defect by repair or replace-
ment, Powerex shall, upon return of the Product, refund to buyer any part of the purchase price of such Products paid to Powerex. Freight for return-
ing Products to Powerex for inspection shall be paid by buyer. The warranties and remedies herein are the sole and exclusive remedy for any breach
of warranty or for any other claim based on any Defect, or non-performance of the Products, whether based upon contract, warranty or negligence.
(b)
(i) Standard Period of Warranty—Parts and Labor
—The purchase of any system includes our standard warranty. Powerex warrants and
represents all Products shall be free from Defects for the first eighteen (18) months from the date of shipment by Powerex, or twelve (12) months
from the documented date of startup, or five thousand (5,000) hours of use, whichever occurs first. During such warranty period, Powerex shall
be fully liable for all Defects in the Products (the “Product Defects”), i.e., all costs of repair or replacement, which may include “in and out”
charges, so long as the Products are located in the continental United States, and the Products are reasonably located and accessible by service
personnel for removal. “In and out” charges include the costs of removing a Product from buyer’s equipment for repair or replacement.
(ii) Premium Period of Warranty—Parts and Labor—
In order to be eligible for premium warranty coverage, a premium warranty for each
system must be purchased when order is placed. Powerex warrants and represents all Products shall be free from Defects for the first thirty (30)
months from the date of shipment by Powerex, or twenty-four (24) months from the documented date of startup, or seven thousand five hundred
(7,500) hours of use, whichever occurs first. During such warranty period, Powerex shall be fully liable for all Defects in the Products (the “Product
Defects”), i.e., all costs of repair or replacement, which may include “in and out” charges, so long as the Products are located in the continental United
States, and the Products are reasonably located and accessible by service personnel for removal. “In and out” charges include the costs of removing
a Product from buyer’s equipment for repair or replacement.
(c) Additional Period of Warranty—Parts Only (No Labor).
In addition to the above, Powerex warrants each Powerex branded Compressor Air-End
and Vacuum Pump shall be free from Defects for a period of forty-two (42) months from the date of shipment by Powerex, or thirty-six (36) months
from the documented date of startup, or ten thousand (10,000) hours of use, whichever occurs first. Supplier’s repair or replacement or any Product
shall not extend the period of warranty of any Product. This warranty applies to the exchange of part(s) found to be defective by an Authorized
Powerex Service Center only.
(d) Coverage
The above mentioned warranty applies to Powerex manufactured units or systems only.
(e) Exceptions.
Notwithstanding anything contrary herein, Powerex shall have no warranty obligations with respect to Products:
(i)
that have not been installed in accordance with Powerex’s written specifications and instructions
(ii)
that have not been maintained in accordance with Powerex’s written instructions
(iii)
that have been materially modified without the prior written approval of Powerex; or
(iv)
that experience failures resulting from operating, either intentional or otherwise, in excess of rated capacities or in an
otherwise
improper
manner.
(f)
The warranty provided herein shall not apply to: (i) any defects arising from corrosion, abrasion, use of insoluble lubricants, or negligent attendance
to or faulty operation of the Products; (ii) ordinary wear and tear of the Products; or (iii) defects arising from abnormal conditions of temperature, dirt or
corrosive matter; (iv) any OEM component which is shipped by Powerex with the original manufacturer’s warranty, which shall be the sole applicable
warranty for such component.
Limitation of Liability.
TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, UNDER NO CIRCUMSTANCES SHALL POWEREX BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECULATIVE
OR INDIRECT LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY OF THE PRODUCTS OR GOODS
SOLD OR AGREED TO BE SOLD BY POWEREX TO BUYER. TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, POWEREX’S
LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
Warranty Disclaimer.
Powerex has made a diligent effort to illustrate and describe the Products in this literature accurately; however, such illustra-
tions and descriptions are for the sole purpose of identification, and do not express or imply a warranty that the Products are merchantable, or fit for a
particular purpose, or that the Products will necessarily conform to the illustrations or descriptions.
Product Suitability.
Many jurisdictions have codes and regulations governing sales, construction, installation, and/or use of Products for certain
purposes, which may vary from those in neighboring areas. While Powerex attempts to assure that its Products comply with such codes, it cannot
guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a Product, please review the
Product applications, and national and local codes and regulations, and be sure that the Product, installation and use will comply with them.
Claims.
Claims pertaining to the Products, with the exception of warranty claims, must be filed with Powerex within 6 months of the invoice date, or
they will not be honored. Prices, discounts, and terms are subject to change without notice or as stipulated in specific Product quotations. All agree-
ments are contingent upon strikes, accidents, or other causes beyond our control. All shipments are carefully inspected and counted before leaving
the factory. Please inspect carefully any receipt of Products noting any discrepancy or damage on the carrier’s freight bill at the time of delivery.
Discrepancies or damage which obviously occurred in transit are the carrier’s responsibility and related claims should be made promptly directly to the
carrier. Returned Products will not be accepted without prior written authorization by Powerex and deductions from invoices for shortage or damage
claims will not be allowed.
UNLESS OTHERWISE AGREED TO IN WRITING, THESE TERMS AND CONDITIONS WILL CONTROL IN ANY
TRANSACTION WITH POWEREX
any different or conflicting terms as may appear on any order form now or later submitted by the buyer. All orders
are subject to acceptance by Powerex.
