15
Warranty
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Warranty and Remedies
(a)
General. Anest Iwata - Air Engineering warrants each Compressor System, Compressor Air-End, or Anest Iwata branded 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, WHEATHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABLILITY 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 claims under this warranty must be made in writing and delivered to Anest Iwata Air Engineering, or such claim shall be barred. Upon timely receipt of a
claim, Anest Iwata Air Engineering shall inspect the product claimed to have a defect, and Anest Iwata Air Engineering shall repair, or, at its option, replace, free
of charge, any product which it determines to have had a defect at the time of shipment from Anest Iwata Air Engineering; provided, however, that if
circumstances are such as to preclude the remedying of defect by repair or replacement, Anest Iwata Air Engineering shall, upon return of the product, refund
to buyer any part of the purchase price of such products paid to Anest Iwata Air Engineering. Freight for the returning products to Anest Iwata Air Engineering
for inspection shall be paid by buyer. 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.
(b)
Initial period of warranty – Parts and Labor.
Anest Iwata Air Engineering warrants and represents all products shall be free from defects for the first twelve (12)
months from the date of shipment by Anest Iwata Air Engineering, or five thousand (5,000) hours of use, whichever occurs first. During such warranty period, Anest
Iwata Air Engineering 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 continental United States, 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.
(c)
Coverage.
The above mentioned warranty applies to Anest Iwata Air Engineering manufactured units or systems only.
(d)
Exceptions.
Notwithstanding anything to the contrary herein, Anest Iwata Air Engineering shall have no warranty obligations with respect to products:
(i)
That have not been installed in accordance with Anest Iwata Air Engineering’s Written specifications and instructions;
(ii)
That have not been maintained in accordance with Anest Iwata Air Engineering’s written instructions;
(iii)
that have been materially modified without the prior written approval of Anest Iwata Air Engineering; or
(iv)
That experience failures resulting from operation, either intentional or otherwise, in excess of rated capacities or in an otherwise improper manner.
(e)
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 Anest Iwata Air Engineering with the original manufacturer’s warranty, which shall be the sole applicable warranty for
such component.
Limitation of liability.
TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES
SHALL ANEST IWATA AIR ENGINEERING BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTAL, PUNITIVE, SPECULATIVE OR INDIRECT LOSSES OR DAMAGES WHAT SO EVER
ARISING OUT OF OR IN ANY WAY RELATED TO ANY OF THE PRODUCTS OR GOODS SOLD OR AGREED TO BE SOLD BY ANEST IWATA AIR ENGINEERING TO BUYER. TO THE
EXTENT ALLOWABLE UNDER APPLICABLE LAW, ANEST IWATA AIR ENGINEERING’S LIABLITY IN ALL EVENTS IS LIMITED TO AND SHALL NOT EXCEED THE PURCHASE PRICE
PAID.
Warranty Disclaimer.
Anest Iwata Air Engineering has made a diligent effort to illustrate and describe the products in this literature 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 Anest Iwata Air Engineering 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.
Claims pertaining to the products, with the exception of warranty claims, must be filed with Anest Iwata Air Engineering 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. All agreements are contingent
upon strikes, accidents, or other causes beyond our control. 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 Anest Iwata Air Engineering and deductions from invoices for shortage or damage claims will not be allowed.
UNLESS OTHERWISE AGREED TO IN WRITING, THESE
TERMS AND CONDITIONS WILL CONTROL IN ANY TRANSACTION WITH ANEST IWATA AIR ENGINEERING
Any different or conflicting terms as may appear on any order
form now or later submitted by the buyer. All orders are subject to acceptance by Anest Iwata Air Engineering.
ANEST IWATA Air Engineering, 9525 Glades Drive, West Chester, Ohio 45069 USA 800-440-0282
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