8
Climate Control Simplex
(d) Replacement Pumps – Parts Only (No Labor).
For any replacement Air-End or Vacuum Pumps installed on a Powerex manufactured
system or unit after any initial warranty period has expired or where another warranty does not apply for any reason, Powerex warrants
that the Air-End or Vacuum Pumps shall be free of Defects for a period of thirty-six (36) months from the date of shipment by Powerex or
ten thousand (10,000)hours of use, whichever comes fi rst. For any replacement Air-End or Vacuum Pumps installed on a system that was not
manufactured by Powerex after any initial warranty period has expired or where another warranty does not apply for any reason, Powerex
warrants that the Air-End or Vacuum Pumps shall be free of Defects for the fi rst twelve (12) months from the date of shipment by Powerex.
Supplier’s repair or replacement of any Product shall not extend the period of any warranty of any Product. This warranty applies to the
exchange of part(s) found to be defective by an Authorized Powerex Service Representative only.
(e) Replacement Motors – Parts Only (No Labor).
For any replacement motor installed on a Powerex manufactured system or unit after any
initial warranty period has expired or where another warranty does not apply for any reason, Powerex warrants that the replacement motor
shall be free of Defects for the fi rst twelve (12) months from the date of shipment by Powerex. For any replacement motor installed on a system
or unit that was not manufactured by Powerex after any initial warranty period has expired or where another warranty does not apply for
any reason, Powerex warrants that the replacement motor shall be free of Defects for the fi rst ninety (90) days from the date of shipment by
Powerex. Supplier’s repair or replacement of any Product shall not extend the period of any warranty of any Product. This warranty applies to
the exchange of part(s) found to be defective by an Authorized Powerex Service Representative only.
(f) Replacement Parts – Parts Only (No Labor).
For other replacement parts besides motors, Air-End or Vacuum Pumps installed on a Powerex
manufactured system or unit after any initial warranty period has expired or where another warranty does not apply for any reason, Powerex
warrants that such replacement parts will be free from Defects for the fi rst twelve (12) months from the date of shipment by Powerex. For other
replacement parts besides motors, Air-End or Vacuum Pumps installed on a system or unit that was not manufactured by Powerex after any
initial warranty period has expired or where another warranty does not apply for any reason, Powerex makes no warranties. Supplier’s repair or
replacement of any Product shall not extend the period of any warranty of any Product. This warranty applies to the exchange of part(s) found
to be defective by an Authorized Powerex Service Representative only.
(g) Coverage.
The warranty provided herein applies to Powerex manufactured units or systems only.
(h) 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 specifi cations and instructions;
(ii) that have not been maintained in accordance with Powerex’s written instructions;
(iii) that have been materially modifi ed 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.
(i)
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;
(iii) defects arising from abnormal conditions of temperature, dirt or corrosive matter; or
(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.
Warranty Disclaimer.
Powerex has made a diligent effort to illustrate and describe the Products in its literature, including its Price
Book,accurately; however, such illustrations and descriptions are for the sole purpose of identifi cation, and do not express or imply a warranty
that the Products are merchantable, or fi t 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 Powerex 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.
Any non-warranty claims pertaining to the Products must be fi led with Powerex 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 specifi c Product quotations. Powerex shall
not be liable for any delay or failure arising out of acts of the public enemy, fi re, fl ood, or any disaster, labor trouble, riot or disorder, delay in
the supply of materials or any other cause, whether similar or dissimilar, beyond the control of Company. 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 Powerex and
deductions from invoices for shortage or damage claims will not be allowed.
UNLESS OTHERWISE AGREED TO IN WRITING, THE TERMS
AND CONDITIONS CONTAINED IN THIS LIMITED WARRANTY WILL CONTROL IN ANY TRANSACTION WITH POWEREX.
Any different or
confl icting terms as may appear on any order form now or later submitted by the buyer will not control. All orders are subject to acceptance by
Powerex.
Powerex • 150 Production Drive • Harrison, OH 45030 • USA
1-888-769-7979 • www.powerexinc.com
