WhisperAir™ Oil-free Rotary Tooth Compressor
Model Series PCC & PCCMD – 50 HP
Powerex • 150 Production Drive • Harrison, OH 45030 • USA
(T) 1.888.769.7979 • (F) 513.367.3125 • www.powerexinc.com
IN594501AV • 02/2016
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Powerex Limited Warranty – Applicable to Non-OEM Customers in the U.S. & Canada Only
Warranty and Remedies. (a) General.
Powerex warrants each Compressor System, Vacuum System, Vacuum Pump,
Compressor Air-End, or Powerex branded Accessory (collectively “Products”, individually each a “Product”) to be free
from defects in material and workmanship (“Defects”) at the date of shipment. This warranty shall apply only to
Products that are purchased and used in the United States of America and in Canada.
EXCEPT AS SET FORTH BELOW,
NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY 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 warranty claims must
be made in writing and delivered to Powerex in accordance with the procedures set forth on its website
(www.powerexinc.com), or such claim shall be barred. Upon timely receipt of a warranty claim, Powerex shall inspect
the Product claimed to have a Defect, and Powerex shall repair, or, at its option, replace, free of charge, any Product
which it determines to have had a Defect; provided, however, that if circumstances are such as to preclude the
remedying of Defect by repair or replacement, Powerex shall, upon return of the Product, refund to buyer any part of
the purchase price of such Products paid to Powerex. Freight for returning Products to Powerex 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) (i) Standard Period of Warranty – Parts and Labor.
The purchase of any system includes our standard warranty.
Powerex warrants and represents all Products shall be free from Defects for the first thirty (30) months from the date
of shipment by Powerex, or twenty-four (24) months from the documented date of startup, or eight thousand (8,000)
hours of use, whichever occurs first. During such warranty period, Powerex 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 United States or Canada, 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 warranty provided herein applies to Powerex manufactured units or systems only.
(d) 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 specifications and instructions;
(ii)
That have not been maintained in accordance with Powerex’s written instructions;
(iii)
That have been materially modified 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.
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 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
