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Warranty - Industrial Blower Products (42 KB)
Subject to the
terms and conditions hereinafter set forth and set forth
in General Terms of Sale, Tuthill Vacuum & Blower Systems
(the seller) warrants products and parts
of its manufacture, when shipped, and its work (including
installation and start-up)
when performed, will be of good quality and will be free from
defects in material and workmanship. This warranty applies
only to
Seller's equipment, under use and service in accordance with
seller's written instructions, recommendations and ratings
for installation,
operating, maintenance and service of products, for a period
as stated in the table below. Because of varying conditions
of installation and operation, all guarantees of performance
are subject to plus or minus 5% variation. (Non-standard materials
are subject to a plus or minus 10% variation)
Blower
Product Type |
Type of Application |
Atmospheric Air or Process Air
Without Liquids Present |
Process Gases Other Than Air,
or Any Liquid Injected Application |
| New |
24 months from date of shipment, or 18 months after initial startup date, whichever occurs first |
18 months from date of shipment, or 12 months after
initial startup date, whichever occurs first |
| Repair |
12 months from date of shipment, or remaining
warranty period, whichever is greater |
THIS WARRANTY EXTENDS ONLY TO
BUYER AND/OR ORIGINAL END USER, AND IN NO EVENT SHALL THE
SELLER BE LIABLE FOR PROPERTY DAMAGE SUSTAINED BY A PERSON
DESIGNATED BY THE LAW OF ANY JURISDICTION AS A THIRD PARTY
BENEFICIARY OF THIS WARRANTY OR ANY OTHER WARRANTY HELD TO
SURVIVE SELLER'S DISCLAIMER.
All accessories furnished by Seller but manufactured by
others bear only that manufacturer's standard warranty.
All claims for defective products, parts,
or work under this warranty must be made in writing immediately
upon
discovery
and, in any event within one (1) year
from date of shipment of the applicable item and all
claims for defective work
must
be made
in writing immediately upon discovery
and in any event within one (1) year from date of completion
thereof by Seller.
Unless done with prior written consent
of Seller, any repairs, alterations or disassembly of
Seller's equipment shall void warranty.
Installation and transportation costs
are not included and defective items must be held for
Seller's inspection and returned
to Seller's Ex-works point upon request.
THERE ARE NO WARRANTIES, EXPRESSED,
IMPLIED OR STATUTORY WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE HEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS OF PURPOSE.
After Buyer's submission of a claim as provided above
and its approval, Seller shall at its option either repair
or replace
its product, part, or work at the original Ex-works point
of shipment, or refund an equitable portion of the purchase
price.
The products and parts sold hereunder
are not warranted for operation with erosive or corrosive
material or
those which
may lead to build up of material
within the product supplied, nor those which are incompatible
with the materials
of construction. The Buyer shall
have no claim whatsoever and no product or part shall
be deemed to be defective by reason of
failure
to resist
erosive or corrosive action nor
for problems resulting from build-up of material within
the unit nor for problems
due to incompatibility
with the materials of construction.
Any improper use, operation beyond capacity,
substitution of parts not approved by Seller, or any alteration
or repair by
others in such manner as in Seller's
judgment affects the product materially and adversely
shall void this warranty.
No employee or representative of
Seller other than an Officer of the Company is authorized
to change
this warranty
in
any way or grant any other warranty. Any such change by an
Officer of the Company must be in writing.
The foregoing is Seller's only obligation
and Buyer's only remedy for breach of warranty, and except
for gross negligence,
willful misconduct and remedies
permitted under the General Terms of Sale in the
sections on CONTRACT PERFORMANCE, INSPECTION
AND ACCEPTANCE and the PATENTS Clause hereof, the
foregoing is BUYER'S ONLY REMEDY HEREUNDER BY
WAY OF BREACH OF CONTRACT, TORT OR OTHERWISE, WITHOUT
REGARD TO WHETHER ANY DEFECT WAS DISCOVERED
OR LATENT AT THE TIME OF DELIVERY OF THE PRODUCT
OR WORK. In no event shall Buyer be
entitled
to
incidental or consequential damages. Any action
for breach of this agreement must commence within
one
(1) year after
the cause of action has occurred.
January, 2002
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