BioPak 240R-NIOSH User Instruction Manual
47C090, Revision C
Page 23 of 25
8. WARRANTY
Biomarine warrants, subject to the terms below, that the goods supplied will be free from defects in design, materials, and
workmanship for a period of three (3) years from the date that the goods are purchased by buyer. THIS WARRANTY
DOES NOT APPLY TO OXYGEN CYLINDER HYDROSTATIC TESTING FOR PERIODIC RECERTIFICATION OF THE
PRESSURE VESSEL OR CONSUMABLES.
THE SOLE LIABILITY OF BIOMARINE FOR ALL PURPOSES SHALL BE TO REPLACE OR REPAIR, (AT THE SOLE
OPTION OF BIOMARINE), DEFECTIVE PARTS APPEARING WITHIN THE THREE (3)-YEAR PERIOD AS
APPLICABLE. BIOMARINE SHALL PROVIDE PARTS AT ITS OWN EXPENSE BUT ALL LABOR SHALL BE AT THE
EXPENSE OF THE BUYER. BIOMARINE SHALL NAVE NO OBLIGATION FOR REPLACEMENT UNLESS:
1. BIOMARINE, OR ITS AGENT, HAS RECEIVED WRITTEN NOTICE OF THE ALLEGED DEFECT WITHIN THIRTY
(30) DAYS FOLLOWING THE DISCOVERY OF THE DEFECT OR THIRTY-SEVEN (37) MONTHS FROM THE
DATE OF PURCHASE, WHICHEVER OCCURS SOONER; AND
2. THE BUYER SUBMITS PROOF OF DATE OF PURCHASE WITH INVOICE OR EQUIVALENT DOCUMENTATION;
AND
3. THE DEFECTIVE GOODS ARE PROMPTLY RETURNED BY BUYER, AT THEIR SOLE EXPENSE TO
BIOMARINE AT: 456 CREAMERY WAY, EXTON, PA 19341USA;; AND
4. THE EQUIPMENT HAS NOT BEEN ALTERED; AND
5. THE EQUIPMENT IS OPERATED AND MAINTAINED IN ACCORDANCE WITH ALL INSTRUCTIONS AND
MANUALS PROVIDED TO THE BUYER.
It shall be the responsibility of the buyer to read carefully and abide by all instructions provided to the buyer in the
instruction manual or elsewhere. If buyer, and the employees of the buyer, did not abide by such instructions, then the
alleged defect shall not be deemed to have arisen under circumstances of proper use. The instructions for use of the
goods reflect the opinion of experts based on field use and tests. The instructions should be followed carefully. It is
impossible, however, to eliminate all risks inherently associated with the use of the goods. Unintended consequences
may result because of factors as weather conditions, the presence of other materials, or the use or manner of application
of the goods, all of which are beyond the control of Biomarine. The buyer shall assume all such risks.
Buyer shall be responsible for insuring that the goods are functioning properly at all times and shall not use any goods,
which are not functioning properly. If buyer uses goods when they are not functioning properly, then buyer agrees to
defend, indemnify and hold Biomarine harmless against all losses, damages, and injuries to persons or property as a
result of the use of the malfunctioning goods.
These warranties do not extend to the goods if they have been subjected to misuse, neglect, or accident, including
extended exposure to direct flames and/or caustic chemical products, after its delivery to buyer, nor does it extend to any
item that was modified or altered after its delivery to buyer.
IN NO EVENT WILL BIOMARINE BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING
FROM DEFECTS OR FROM THE USE OF THE GOODS OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
WHETHER IN CONTRACT, TORT, OR OTHERWISE, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE OR
ANY FINANCIAL LOSS.
Any description, contained in any documents, of the goods to which these warranty provisions relate, including any
quotations or purchase orders relating to the goods being delivered to buyer, are for the sole purpose of identifying the
goods, and any such description, as well as any sample or model which may have been displayed to or seen by buyer at
any time, have not been made part of the basis of the bargain and have not created or amounted to any warranty, express
or implied, that the goods would conform to any such description or any such sample or model.
EXCEPT AS SPECIFICALLY SET FORTH IN THESE WARRANTIES, BIOMARINE MAKES NO OTHER WARRANTIES,
EXPRESSED OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, CONDUCT OR USAGE OF TRADE, INCLUDING
WARRANTIES AS TO MERCHANTABILITY, OR AS TO THE FITNESS OF THE GOODS FOR ANY PARTICULAR USE
OR PURPOSE, AND ANY WARRANTIES INCLUDING WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR
PARTICULAR USE OR PURPOSE AND THE RIGHTS AND REMEDIES PROVIDED HEREIN ARE EXCLUSIVE.
THESE WARRANTIES SHALL RUN TO BUYER ONLY AND SHALL NOT BE CONSTRUED AS A CONDITION.
Biomarine does not warrant the goods are free from the rightful claim of any third person by way of infringement or
patents or other proprietary information or disclaims any warranty against such infringement.
The terms of these warranties shall apply to the product sold by Biomarine, except absorbent, filters, batteries and anti-fog
lens inserts which are considered “consumable items”, and as such are not covered by the terms of these warranties. No
waiver, alteration, or modification of the terms of these provisions shall be valid unless in writing and signed by an
executive officer of Biomarine.
These warranties shall not apply to accessories or devices purchased by Biomarine and attached to or made part of the
goods supplied, except that Biomarine warrants (I) the installation of such items in the completed product shall so conform
to the installation instructions of the manufacturers thereof as not to invalidate such applicable warranties on such items
as are obtained by Biomarine from such manufacturers, and (ii) the workmanship incorporated in such installation shall be
free from defects.
