Property of Ultrasonic Power Corporation -
© 2022
Publication Number UPC220509-002
53
8. Warranty
THE TEN-FIVE-TWO WARRANTY (the “Warranty”)
Ultrasonic Power Corporation (“UPC”), as Manufacturer, warrants all products manufactured by UPC (“Products”)
meet UPC’s production and quality assurance specifications before being released for distribution. Accordingly, UPC
warrants that from the date of shipment from UPC’s facility:
a) The bond for the VIBRA-BAR® Transducer to the radiating surface shall be free from defects in material and
workmanship and is guaranteed not to crack, depolarize or detach from the radiating surface for ten (10)
years;
b) all ultrasonic generators shall be free from defects in material and workmanship for five (5) years;
c) all transducer components shall be free from defects in material and workmanship for two (2) years; and
d) all other components, electrical and mechanical, used in manufacturing
by UPC not otherwise identified
above, such as industrial-grade stainless steel tanks, shall be free from defects in material and workmanship
for a period of two (2) years.
This warranty does not guarantee forward compatibility for any UPC Products sold. The UPC Ten-Five-Two Warranty
extends to the first Purchaser (or Customer if the first Purchaser is a distributor) only, and is not otherwise
transferable without the prior written consent of UPC.
THIRD PARTY COMPONENT WARRANTY
Concerning any products and components not manufactured by UPC (“Third Party Products”), but used in the
manufacture of the final UPC Product, UPC agrees to transfer all warranties given by the manufacturer of the Third
Party Products (each a “Third Party Warranty” and collectively the “Third Party Warranties”) directly to the first
Purchaser (or Customer if the first Purchaser is a distributor) so long as the Third Party Warranty is transferable.
Purchaser (or Customer if the first Purchaser is a distributor) shall be entitled to such benefits as UPC would
otherwise receive under any Third Party Warranty, provided such benefits are transferable. UPC shall have no liability
to Purchaser (or Customer if the first Purchaser is a distributor) in the event the manufacturer of said Third Party
Product(s) fails to honor any such Third Party Warranty or to meet any liability which may arise by reason of any
defect in such Third Party Product. UPC HEREBY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, FOR
FITNESS OF PARTICULAR PURPOSE, OR OTHERWISE, FOR ALL THIRD PARTY PRODUCTS.
SOLE REMEDY
UPC’s sole liability for any breach of the Warranty will be to replace or repair, in UPC’s sole discretion, any Product or
item covered by this Warranty which is determined by UPC, upon examination, to be defective in workmanship or
material within the applicable warranty period, provided that such Product or item has been properly installed,
maintained, lubricated and serviced within the limits of normal usage as specified by UPC and properly used under
recommended operating conditions. SUCH REPAIR OR REPLACEMENT SHALL BE THE EXCLUSIVE REMEDY
AVAILABLE UNDER THIS WARRANTY.
LIMITATIONS PERIOD
Any action for breach of this Warranty or other action related to UPC’s sale of the Products must be commenced
within thirty (30) days after the occurrence that forms the basis for the first Purchaser’s (or Customer if the first
Purchaser is a distributor) Warranty claim.
EXCLUSIONS OF WARRANTY COVERAGE
This Warranty shall not apply to:
a) cavitation erosion of tank and immersible transducer surfaces, which is a normal occurrence and develops
over time in the operation of ultrasonic cleaning equipment;
b) any Product or component incorrectly installed by Customer contrary to instructions from UPC
c) any Product or component which has been: i) incorrectly operated or misused, (ex., operating the equipment
dry, dropping heavy objects into the cleaning tank, incorrect voltage connections); ii) altered; or iii) modified;
d) expendable items such as fuses, bulbs, or similar parts incorporated in a Product having a useful life
inherently shorter than twelve (12) months;
e) damage from intentional acts, fire, acts of God (hurricanes, tornados, floods) loss, theft, cosmetic wear not
affecting functionality, and modifications by anyone other than an authorized UPC representative;
f) modification or repair of any Product by any party other than UPC or a UPC authorized representative will
invalidate the Warranty;
g) use of cleaning reagents in or on the Product not approved/supported by UPC will invalidate the Warranty;
and
h) connecting product to non-UPC designed and manufactured equipment (example: non-compatible
competitor equipment).
i) Any generator in which the tamper proof seal is removed or broken.
