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Warranty - Vacuum Products (28 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).
Vacuum
Product Type
|
Warranty
Duration
|
| New |
15 months after date of shipment or 12 months after
initial startup date, whichever occurs first |
| Repair |
6 months after date of shipment or remaining warranty
period, whichever is greater |
| Remanufactured |
9 months after date of shipment or 6 months after initial
startup date, whichever occurs first |
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
|