Powerex • 150 Production Drive • Harrison, OH 45030 • USA
1-888-769-7979 • www.powerexinc.com
8
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
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 claims under this
warranty 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 Product 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 replacement, Powerex shall, upon return of the Product, refund to buyer any part of the purchase
price of such Products paid to Powerex. Freight for returning 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) Initial Period of Warranty – Parts and Labor.
Powerex warrants and represents all Products shall be free from Defects for the
first twelve (12) months from the date of shipment by Powerex, 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.
(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 of Defects for a period of thirty-six months from the date of shipment of Product, or
10,000 hours of use, whichever occurs first. Supplier’s repair or replacement of any Product shall not extend the period of any 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 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.
(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, CONSEQUENTAL, 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 illustrations 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 agreements 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.
Claw Medical Vacuum Systems
