VSG/VSSG Standard Vilter Warranty Statement
Seller warrants all new single screw gas compression units and bareshaft single screw compressors manufactured by it and supplied to Buyer to be free from defects in materials and workmanship for a period of (a) eighteen (18) months from the date of shipment or (b) twelve (12) months from the date of installation at the end user’s location, whichever occurs first.
If within such period any such product shall be proved to Seller’s satisfaction to be defective, such product shall be repaired or replaced at Seller’s option. Such repair or replacement shall be Seller’s sole obligation and Buyer’s exclusive remedy hereunder and shall be conditioned upon (a) Seller’s receiving written notice of any alleged defect within ten (10) days after its discovery, (b) payment in full of all amounts owed by Buyer to Seller and (c) at Seller’s option, Buyer shall have delivered such products to Seller, all expenses prepaid to its factory. Expenses incurred by Buyer in repairing or replacing any defective product (including, without limitation, labor, lost refrigerant or gas and freight costs) will not be allowed except by written permission of Seller. Further, Seller shall not be liable for any other direct, indirect, consequential, incidental, or special damages arising out of a breach of warranty.
This warranty is only applicable to products properly maintained and used according to Seller’s instructions. This warranty does not apply (i) to ordinary wear and tear, damage caused by corrosion, misuse, overloading, neglect, improper use or operation (including, without limitation, operation beyond rated capacity), substitution of parts not approved by Seller, accident or alteration, as determined by Seller or (ii) if the product is operated on a gas with an H2S level above 100 PPM. In addition, Seller does not warrant that any equipment and features meet the requirements of any local, state or federal laws or regulations. Products supplied by Seller hereunder which are manufactured by someone else are not warranted by Seller in any way, but Seller agrees to assign to Buyer any warranty rights in such products that Seller may have from the original manufacturer. Labor and expenses for repair are not covered by warranty.
THE WARRANTY CONTAINED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Any description of the products, whether in writing or made orally by Seller or Seller’s agents,
specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the products and shall not be construed as an express warranty. Any suggestions by Seller or Seller’s agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Seller.
VSG/VSSG • Installation, Operation and Maintenance Manual •Vilter/Emerson • 35391SSG | i |
