TM
500PP1/01
Limitation of Warranties and Claims
Seller warrants to the original purchaser that the goods sold
hereunder shall be free from defects in workmanship and
material under normal use and service (except in those
cases where the materials are supplied by the buyer) for a
period of one year from the date of original installation or
eighteen (18) months from the date of shipment, whichever
occurs first. The liability of seller under this warranty is lim-
ited to replacing, repairing, or issuing credit (at cost, F.O.B.
factory and at seller’s discretion) for any part or parts which
are returned by buyer during such period provided that:
a.
seller is notified in writing within ten (10) days following
discovery of such defects by buyer, or within ten (10)
days after such defects should reasonably have been
discovered, whichever is less;
b.
the defective unit is returned to seller, transportation
charges prepaid by buyer.
c.
payment in full has been received by seller or said prod-
ucts; and
d.
seller’s examination of such unit shall disclose to its sat-
isfaction that such defects have not been caused by
misuse, neglect, improper installation, repair, alteration,
act of God, or accident.
Seller cannot guarantee sound pressure levels or dBA.
No warranty made hereunder shall extend to any seller
product whose serial number is altered, effaced or removed.
Seller makes no warranty, express or implied, with respect
to motors, switches, controls, or other components of sell-
er’s product, where such components are warranted sepa-
rately by their respective manufacturers. THIS WARRANTY
IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, WHETHER STATUTORY OR OTH-
ERWISE, INCLUDING ANY IMPLIED WARRANTY OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PUR-
POSE. In no event shall seller be liable to buyer for indirect,
incidental collateral, or consequential damages of any kind.
(BUYER’S FAILURE TO PAY THE FULL AMOUNT DUE
WITHIN SIXTY (60) DAYS OF DATE OF INVOICE SHALL
OPERATE TO RELEASE SELLER FROM ANY AND ALL LIA-
BILITY OR OBLIGATION ARISING PURSUANT TO ANY
WARRANTY, EXPRESS OR IMPLIED, WHETHER STATUTO-
RY OR OTHERWISE, INCLUDING ANY IMPLIED WARRAN-
TY OR MERCHANTABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE, MADE IN CONNECTION WITH ANY CON-
TRACT FORMED HEREUNDER. BUYER AGREES THAT
SUCH FAILURE TO PAY SHALL CONSTITUTE A VOLUN-
TARY WAIVER OF ANY AND ALL SUCH WARRANTIES
ARISING PURSUANT TO SUCH CONTACT.)
