Standard Vilter Warranty
Seller warrants the products it manufactures to be free from defects in material and workmanship for a period of eighteen (18) months from the date of shipment from Seller’s manufacturing plant or twelve (12) months from date of installation at the initial end users location, whichever occurs first. In addition, Seller provides the following extended warranties: (a) three (3) years from the date of shipment on single screw compressor internal rotating parts, (b) two (2) years from the date of shipment on reciprocating compres- sors and single screw and reciprocating compressor parts, and (c) two (2) years on all other parts on a single screw compressor unit. Such warranties do not apply to ordinary wear and tear. Seller does not warrant that the product complies with any particular law or regulation not explicitly set forth in the specifications, and Buyer is responsible for ensuring that the product contains all features necessary to safely perform in Buyer’s and its customer’s plants and operations. Buyer must notify Seller of any warranty claim within ten
(10)days after such claim arises, otherwise Buyer waives all rights to such claim. Products supplied by Seller, which are manufactured by others, are not warranted by Seller, but rather Seller merely passes through the manufacturer’s warranty to Buyer.
SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Unless otherwise agreed in writing, Buyer’s sole remedy for breach of warranty is, at Seller’s option, the re- pair of the defect, the correction of the service, or the providing a replacement part FOB Seller’s office. Seller will not be responsible for costs of dismantling, lost refrigerant, reassembling, or transporting the product. Further, Seller will not be liable for any other direct, indirect, consequential, incidental, or special damages arising out of a breach of warranty. THESE WARRANTY REMEDIES ARE EXCLUSIVE AND ALL OTHER WAR- RANTY REMEDIES ARE EXCLUDED. Products or parts for which a warranty claim is made are to be returned transportation prepaid to Seller’s factory. Any improper use, corrosion, neglect, accident, operation beyond rated capacity, substitution of parts not approved by Seller, or any alteration or repair by others which, in Seller’s judgement, adversely affects the Product, shall void all warranties and warranty obligations. Further, Seller shall not be liable under the above warranties should Buyer be in default of its payment obligations to Seller under this Agreement or any credit agreement.
7