64
AcraDyne Gen IV iAC Controller Manual
without incurring any obligation or incorporating
such changes or updates in tools or parts previously
distributed.
THE AIMCO WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, AND
AIMCO EXPRESSLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS WARRANTY SETS FORTH THE SOLE AND
EXCLUSIVE REMEDY IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY
AIMCO WITH RESPECT TO THE GOODS DELIVERED
HEREUNDER, AND MAY BE MODIFIED OR AMENDED
ONLY BY A WRITTEN INSTRUMENT SIGNED BY A DULY
AUTHORIZED OFFICER OF AIMCO.
LIMITATION OF LIABILITY
AIMCO’S LIABILITY PURSUANT TO WARRANTY OF
THE PRODUCTS COVERED HEREUNDER IS LIMITED TO
REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL
AIMCO BE LIABLE FOR COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS BY THE BUYER. IN NO
EVENT SHALL AIMCO BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT)
WHETHER OR NOT AIMCO HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED,
WHETHER FOR BREACH OR REPUDIATION OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE
OR OTHERWISE. THIS EXCLUSION ALSO INCLUDES ANY
LIABILITY WHICH MAY ARISE OUT OF THIRD PARTY
CLAIMS AGAINST BUYER. THE ESSENTIAL PURPOSE OF
THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY
OF AIMCO ARISING OUT OF THIS AGREEMENT AND/
OR SALE.
NOTE:
The AIMCO Warranty confers specific legal
rights, however some states or jurisdictions may
not allow certain exclusions or limitations within this
warranty.
*Note – All warranty periods addressed
herein are determined using a standard shift, eight-
hour work day.
NEW TOOL AND ACCESSORY WARRANTY
Any new tool or accessory branded with the
AIMCO, Uryu, AcraDyne or Eagle Group name,
and purchased from AIMCO, or through one of its
authorized distributors or agents, is warranted to
the original buyer against defects in materials and
workmanship for a period of one (1) year* from date
of delivery. Under the terms of this warranty, AIMCO
agrees, without charge, to repair or replace, at its
option and Ex-Works (EXW) its authorized service
centers, any product or accessory warranted
hereunder proving to AIMCO’s satisfaction to be
defective as a result of defective workmanship or
material. In order to qualify for this warranty, written
notice to AIMCO must be given immediately upon
discovery of such defect, at which time AIMCO
will issue an authorization to return the tool. The
defective item must be promptly returned to an
authorized AIMCO service center with all freight
charges prepaid.
REPAIRED TOOL WARRANTY
Once a tool is beyond the new product warranty
period as detailed above, AIMCO will provide
repair subject to the following warranty periods:
pneumatic tools: 90 days*; electric tools and Acra-
Feed: 90 days; battery tools: 30 days*; DC Electric
tools: 90 days*
EXCLUSION FROM WARRANTY
This warranty is valid only on products purchased
from AIMCO, or through its authorized distributors or
agents. AIMCO shall have no obligation pursuant
to the AIMCO Warranty with respect to any tools or
accessories which in AIMCO’s sole judgment have
been altered damaged, misused, abused, badly
worn, lost or improperly maintained. This Warranty
is null and void if the customer, or any other person
other than an authorized representative of AIMCO,
has made any attempt to service or modify the tool
or accessory prior to its return to AIMCO under this
Warranty.
The warranty provision with respect to each such
product may be amended by AIMCO from time
to time in its sole discretion. The liability of AIMCO
hereunder shall be limited to replacing or repairing,
at its option, any defective products which are
returned freight pre-paid to AIMCO or, at AIMCO’s
option, refunding the purchase price of such
products.
AIMCO reserves the right to make periodic changes
in construction or tool design at any time. AIMCO
specifically reserves the right to make these changes
16. AIMCO Warranty