Sleep Lab Panel
Powerex
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150 Production Drive
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Harrison, OH 45030
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USA
P 1.888.769.7979
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F 513.367.3125
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www.powerexinc.com
PX-99-0534
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03/2017
Page 7 of 8
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 twelve (12) 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 to be
free from defects in material and workmanship for forty-eight (48) months from end of Standard Period of Warranty 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 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 twelve (12) 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
