© 2018 - Best Purging Systems Corporation
Page 10 of 14 BPS YZ102 IOM-R1.0
Limitations of Liability
Limited Warranty Terms
WHEREBY
Best Purging Systems Corporation, hereafter referred to as “Manufacturer,” is the sole manufacturer of this Product, Manufacturer
herein states a portion of the limitations of liability incurred due to any sale or use of the Product.
Manufacturer accepts no liability for any affects or damages incurred by the installation or operation of the Product which is used on any
enclosures, cases, containers or combinations thereof which are not constructed in complete accordance with the National Electric Code
and all applicable sections of NFPA 496, or which are not specified as acceptable for use within the constraints of design requirements
and information that may be contained within this Installation, Operation & Maintenance Manual.
Manufacturer and/or its Agents, Representatives, or Sub-Contractors accept no liability for PERSONAL INJURY, DISMEMBERMENT
OR DEATH, or for any affects or damages incurred to any device, component, enclosure, equipment or area caused by use of Product,
unless Product is installed, operated and maintained in complete accordance with this Manual and all applicable National Electric Code
and NFPA 496 requirements and OSHA regulations.
These Limitations of Liability supersede any and all claims of liability responsibilities claimed by the User and/or its Agents or Subcontractors
against Manufacturer and/or its Agents, Representatives, or Sub-Contractors regardless of their Terms of Purchase, surrendered hereto,
and shall survive from the date of sale to the date of discontinued use of the Product. Questions concerning stated and unstated limitations
to liability may be referred to the Corporate Management Group of the Manufacturer at 4725 Lawndale, La Marque, Texas 77568, USA.
Warranty & Liability Statements
ADVISEMENTS:
This Warranty Statement is an excerpt for reference only, and is therefore superseded by any variance of Warranty
Terms and Conditions supplied with the Quotation or Sales Order Documents provided for this particular Product. All parts and services
provided for this Product must be made with Best Purging Systems Corporation (hereafter referred to as BEST) furnished or authorized
service parts and by BEST Technicians or by a BEST authorized service provider. Reference Quotation and Sales Order Documents for
complete Terms and Conditions, including clauses regarding warranty extensions, safety certifications, trade certifications and insurance,
special safety equipment and tools, required working conditions, warranty registration requirements, eligibility, exclusions and legal terms.
WARRANTY CONDITIONS:
Subject to all terms and conditions herein, BEST extends a limited warranty against manufacturing defects
and workmanship for all Product that is installed and operated by the Purchaser and/or Client in complete accordance with all instructions
in the BEST Installation, Operation and Maintenance Manual in the United States, Canada and Mexico.
WARRANTY TERM:
The Base Limited Warranty period for Product is effective for Twelve (12 Months) from date of BEST Factory shipment.
Upon proper registration of the Product by the Purchaser or Client within no more than Ninety (90) Days after BEST Factory shipment, a
Registered Limited Warranty shall become effective and extend the warranty period to Twenty-Four (24) Months after date of shipment.
Regardless of registration, the Commencement Date for either warranty period shall be the date of BEST Factory shipment, or under prior
special written agreement at time of Product purchase, no greater than Ninety (90) Days after the BEST Factory shipment date.
WARRANTY EXTENSIONS:
An extended warranty shall extend the effective warranty based on the terms and conditions as negotiated
at time of purchase. The purchase of site start-up services or site acceptance testing from BEST and/or their authorized service provider
under contract to BEST shall alter the warranty Commencement Date of the Basic, Registered or Extended Warranty period to begin on
the day after Client Acceptance of site start-up services or site acceptance testing.
TERM LIMITATION:
The installation of Product replacement parts and/or the provision of any field service or troubleshooting services
under this limited warranty shall not extend the effective warranty period. The warranty period for any supplemental installation of Product
replacement parts and/or the provision of any field service or troubleshooting services under this limited warranty shall therefore be
applicable only during the warranty period remaining under the effective Product Warranty.
WARRANTY COVERAGE:
The Base Limited Warranty covers all necessary parts and labor during the first Twelve (12) Months or up
to Twenty-Four (24) Months after date of shipment if product is registered in accordance with this warranty. Under either warranty term,
the warranty shall be effective to resolve any validated defect in parts and/or workmanship and is provided exclusively for the Purchaser
during integration and the Client upon delivery to the site of installation and use. Warranty is transferable from Purchaser to Client and
shall be in full effect and force during any hold over, commissioning or factory acceptance testing of Product regardless of whether Product
is operational or at installation site, except according to terms stated below under Registration Requirements.
WARRANTY REPAIR SERVICES:
BEST may request proof of Product purchase and/or installation in order to provide Product parts and
service under this limited warranty. As BEST’s only responsibility and Purchaser and Client’s only remedy under this limited warranty,
BEST will furnish all necessary labor and/or replacement parts in accordance with Warranty Coverage Terms above, whether provided
by BEST or an authorized service provider acting on BEST’s behalf, without charge for the labor and/or parts, to repair any Product that
fails due to a manufacturing defect under normal use and maintenance. If a replacement part is not available at time of warranty service,
BEST may, at its option and sole discretion, provide a suitable replacement product. If Client selects unit repair at the BEST factory, the
client shall be responsible for freight to BEST, and BEST shall be responsible for cost of standard non-expedited freight back to client,
whereas client shall pay the difference for expedited freight if requested.
NON-WARRANTY SERVICES:
All non-warranted parts provided and/or non-warranted services incurred during a warranty serviced
event at the request of the Purchaser or Client shall be provided at Purchaser or Client’s sole cost and expense. BEST reserves the right
to require a Purchase Order from the Purchaser or Client prior to accommodating any non-warranty services, and will require binding
estimates for services from all BEST certified contractors where and when possible or required.
