FirstCall™ Liq x Liq Medical Gas Manifold
Operating & Maintenance Manual
Powerex • 150 Production Drive • Harrison, OH 45030 • USA
P 1.888.769.7979 • F 513.367.3125 • www.powerexinc.com
IN599800AV • 15 January 2021
Page 21 of 24
UNDER APPLICABLE LAW, 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. In the event of breach of any warranty hereunder, Powerex’s sole and exclusive
liability shall be at its option either to repair or to replace any defective product, or to accept return, transportation
prepaid, of such product and refund the purchase price; in either case provided that written notice of such defect is
given to Powerex within twenty-four (24) months from date of shipment to Buyer, that the product is found by Powerex
to have been defective at the time of such shipment, that the product has been installed and/or operated in accordance
with Powerex’s instructions, that no repairs, alterations or replacements have been made by others without Powerex’s
written approval, and that Buyer notifies Powerex in writing within fifteen (15) days after the defect becomes apparent
and promptly furnishes full particulars in connection therewith; and provided further that in no event shall the aggregate
liability of Powerex in connection with breach of any warranty or warranties exceed the purchase price paid for the
product purchased hereunder. Powerex may, at its option, require the return of any product, transportation and duties
prepaid, to establish any claim of defect made by Buyer. Unless otherwise agreed in writing
(a)
Powerex will not accept
and shall have no responsibility for products returned without its prior written consent, and
(b)
Powerex will not assume
any expense or liability for repairs to products made outside of its plant by third parties. In the event Powerex elects to
replace a defective product, costs of installation, labor, service, and all other costs to replace the product shall be the
responsibility of Buyer.
Powerex shall not, except as set forth above, be otherwise liable to Buyer or to any person who shall purchase from
Buyer, or use, any products supplied hereunder for damages of any kind, including, but not limited to, indirect, special or
consequential damages or loss of production of loss of profits resulting from any cause whatsoever, including, but not
limited to, any delay, act, error or omission of Powerex. Supplier’s repair or replacement of any Product shall not extend
the period of any warranty of any Product.
Warranty Disclaimer.
Powerex has made a diligent effort to illustrate and describe the Products in its literature,
including its Price Book, 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.
Any non-warranty claims pertaining to the Products 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. Powerex shall not be liable for any delay or failure arising out of acts of the public enemy,
fire, flood, or any disaster, labor trouble, riot or disorder, delay in the supply of materials or any other cause, whether
similar or dissimilar, beyond the control of Company. 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, THE TERMS AND CONDITIONS CONTAINED IN THIS LIMITED
WARRANTY 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 will not control. All orders are subject to acceptance by Powerex.
Summary of Contents for Medical FirstCall MFLD-LIQ-NFPA-GG-PSI
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