FirstCall™ Medical Gas Alarm
Operating & Maintenance Manual
Powerex • 150 Production Drive • Harrison, OH 45030 • USA
P 1.888.769.7979 • F 513.367.3125 • www.powerexinc.com
IN599102AV • 15 September 2020
Page 35 of 36
Powerex Limited Warranty
Warranty and Remedies.
(a) Standard Period of Warranty – Parts and Labor.
Powerex warrants and represents all Products shall be free
from Defects for the first twenty-four (24) months from the date of shipment by Powerex. 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 United States or Canada, 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.
(b) Additional Period of Warranty – Parts Only (No Labor).
In addition to the above, Powerex warrants the
products described herein shall be free of Defects for a period of sixty (60) months from the date of shipment by
Powerex, with the exception of any components which are recommended to be replaced in less than sixty months in our
Installation/Operation manuals. Within said period Powerex will repair or replace any part or component which is proven
to be defective in either material or workmanship. This warranty covers parts only. Labor is not included. This warranty is
valid only when the product has been properly installed according to Powerex specifications, used in a normal manner
and serviced according to factory recommendations. This warranty does not cover failures due to damage which occurs
in shipment or failures which result from accidents, misuse, abuse, neglect, mishandling, alteration, misapplication or
damage due to acts of nature.
(c) General.
Powerex warrants each Powerex branded Pipeline 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 WARRANTY 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 warranty claims must be
made in writing and delivered to Powerex in accordance with the procedures set forth on its website (www.powerexinc.
com), or such claim shall be barred. Upon timely receipt of a warranty claim, Powerex shall inspect the Product claimed
to have a Defect, and Powerex shall replace any Product which it determines to have had a Defect; provided, however,
that Powerex may elect, upon return of the Product, to refund to buyer any part of the purchase price of such Products
paid to Powerex. Freight for returning Products to Powerex for inspection or for shipping warranty parts shall be paid
by buyer where permitted by applicable law. Powerex is not responsible for any import fees, taxes, duties, licenses or
other fees imposed by any governmental authority upon the production, sale, shipment and/or use of Products covered
hereunder. 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.
(d) Coverage.
The warranty provided herein applies to Powerex pipeline products only.
(e) Exceptions.
Notwithstanding anything to the 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 operation, either intentional or otherwise, in excess of rated capacities or
in an otherwise improper manner.
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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE EXTENT ALLOWABLE
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