Member Air Movement and Control Association
November 2004
Form 610008
LIMITED WARRANTY
WARRANTY AND DISCLAIMER:
the Company ex-
tends this limited warranty to the original purchaser
and warrants that products supplied by the Com-
pany, shall be free from original defects in workman-
ship and materials for two years from date of
shipment (except for the warranty periods noted for
products listed below), provided same have been
properly handled, stored, installed, serviced, main-
tained and operated. This warranty shall not apply to
products which have been altered or repaired with-
out the Company’s express authorization, or altered
or repaired in any way so as, in the Company’s judg-
ment, to affect its performance or reliability, nor
which have been improperly installed or subjected to
misuse, negligence, or accident, or incorrectly used
in combination with other substances. The Pur-
chaser assumes all risks and liability for results of
use of all products.
Evaporative cooling pads are warranted to be free of
defects in materials and workmanship for a period of
two years from date of shipment provided same have
been properly handled, stored, installed, serviced,
maintained and operated; and further, not subjected
to excessive heat, corrosive agents or chemicals, or
mechanical abuse that may cause tearing, crushing
or undue deterioration, nor used on a system or in a
manner other than that for which it was designed as
explained in the product literature.
The following products are warranted to be free of
defects in materials and workmanship for the periods
shown from date of shipment: Acme’s exclusive du-
plex split pillow block bearings and shaft five years,
belts one year, Polyethylene tubing 90 days, AIR40
Heater warranty one year, AIR40 Emitter warranty
three years and DDP fan lifetime warranty on its pro-
peller, cone, and housing.
LIMITATION OF REMEDY AND DAMAGES:
All
claims under this warranty must be made in writing
and delivered to P. O. Box 978, Muskogee,
Oklahoma, 74402, within 15 days after discovery of
the defect and prior to the expiration of two years
from the date of shipment by the Company of the
product claimed defective, and Purchaser shall be
barred from any remedy if Purchaser fails to make
such claim within such period.
Within 30 days after receipt of a timely claim, the
Company shall have the option either to inspect the
product while in Purchaser's possession or to re-
quest Purchaser to return the product to the Com-
pany at Purchaser's expense for inspection by the
Company. The Company shall replace, or at its op-
tion repair, free of charge, any product it determines
to be defective, and it shall ship the repaired or re-
placement product to Purchaser F.O.B. point of ship-
ment; provided, however, if circumstances are such
as in the Company’s judgment to prohibit repair or re-
placement to remedy the warranted defects, the Pur-
chaser's sole and exclusive remedy shall be a refund
to the Purchaser of any part of the invoice price, paid
to the Company, for the defective product or part.
The Company is not responsible for the cost of re-
moval of the defective product or part, damages due
to removal, or any expenses incurred in shipping the
product or part to or from the Company’s plant, or the
installation of the repaired or replaced product or
part.
The warranties set forth above do not apply to any
components, accessories, parts or attachments
manufactured by other manufacturers; such being
subject to the manufacturer’s warranty, if any. To the
extent not prohibited by the manufacturer’s war-
ranty, the Company shall pass through to Purchaser
such manufacturer’s warranty.
THE COMPANY’S WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION THE IMPLIED WAR-
RANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WHICH ARE
HEREBY EXPRESSLY DISCLAIMED AND
WAIVED. THIS WARRANTY CONSTITUTES THE
COMPANY’S SOLE AND EXCLUSIVE WAR-
RANTY FOR DEFECTIVE GOODS AND PUR-
CHASER’S SOLE AND EXCLUSIVE REMEDY
FOR DEFECTIVE PRODUCTS.
No employee, agent, dealer, or other person is au-
thorized to give any warranties on behalf of the Com-
pany or to assume for the Company any other liability
in connection with any of its products except in writ-
ing and signed by an officer of the Company.
REPLACEMENT PARTS
If replacement parts are
ordered, purchaser warrants that the original compo-
nents in which these replacement parts will be
placed are in satisfactory working condition, and
when said replacement parts are installed, the resul-
tant installation will operate in a safe manner, at
speeds and temperatures for which the original prod-
uct was purchased.
TECHNICAL ADVICE AND RECOMMENDA-
TIONS, DISCLAIMER:
Notwithstanding any past
practice or dealings or any custom of the trade, sales
shall not include the furnishing of technical advice or
assistance or system design. Any such assistance
shall be at the Company’s sole option and may be
subject to additional charge.
The Company assumes no obligation or liability on
account of any recommendations, opinions or ad-
vice as to the choice, installation or use of products.
Any such recommendations, opinions or advice are
given and shall be accepted at Purchaser's and End
User's risk and shall not constitute any warranty or
guarantee of such products or their performance.
LIMITATION OF LIABILITY
The cumulative liability
of the Company to the Purchaser and any other per-
sons for all claims in any way relating to or arising out
of the products, including, but not limited to, any
cause of action sounding in contract, tort, or strict lia-
bility, shall not exceed the total amount of the pur-
chase price paid for those products which are the
subject of any such claim. This limitation of liability is
intended to apply without regard to whether other
provisions of this agreement have been breached or
have proven ineffective even if the Company has
been advised of the possibility of such claims or de-
mands. In no event shall the Company be liable to
the Purchaser or any other person for any loss of
profits or any incidental, special, exemplary, or con-
sequential damages for any claims or demands
brought by the Purchaser or such other persons.
INDEMNITY
The Company’s maximum liability to
Purchaser and to any end user is as set forth above.
The Company makes no warranty to anyone for any
products not manufactured by the Company and
shall have no liability for any use or installation of any
products (whether manufactured by the Company or
other manufacturers) not specifically authorized by
this sale. Purchaser acknowledges various warn-
ings by the Company regarding the products and its
installation and use. If the Company incurs any
claims, lawsuits, settlements, or expenses (including
attorney fees) for any loss, injury, death or property
damage including, but not limited to, claims arising
out of the Purchaser’s or any end user’s installation
or use of the products, the Purchaser shall indemnify
and hold the Company harmless.
WARNING
Acme products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of defects. Even reliable
products will experience occasional failures and this possibility should be recognized by the Purchaser and all End Users. If these products are used in a life support
ventilation system where failure could result in loss or injury, the Purchaser and all End Users should provide adequate back-up ventilation, supplementary natural
ventilation or failure alarm system, or acknowledge willingness to accept the risk of such loss or injury.
WARNING
DO NOT use in HAZARDOUS ENVIRONMENTS where fan’s electrical system could provide ignition to combustible or flammable materials unless unit
is specifically built for hazardous environments. Comply with all local and national safety codes including the National Electrical Code (NEC) and National Fire Pro-
tection Act (NFPA).
CAUTION
Guards must be installed when fan is within reach of personnel or within seven (7) feet (2.134 m) of working level or when deemed advisable for safety.
DISCLAIMER
The Company has made a diligent effort to illustrate and describe the products accurately in all Company literature; however such illustrations and de-
scriptions are for the sole purpose of identification and do not express or imply any warranty.
Acme Eng. & Mfg. Corp.
P.O. Box 978
Muskogee, OK 74402
918/682-7791 Fax:
918/682-0134
www.acmefan.com
NOTICE
These instructions cover the usual installation, operation and maintenance methods for which the product(s) was designed. They do not purport to cover all details or
variations in the product(s) nor to provide for every possible contingency that might be met in connection with the installation, operation and maintenance. For any
departures from these instructions, or should particular problems arise which are not covered sufficiently for the purchaser’s purpose, the matter should be referred
to Acme Engineering and Manufacturing.