Data Aire DAMA-01 Installation, Operation And Maintenance Manual

Also see for DAMA-01: Installation, operation & maintenance manual

Data Aire DAMA-01 Installation, Operation And Maintenance Manual Manual pdf 34 page image

349.0 WARRANTY POLICYSeller warrants its equipment to Buyer to be free from defects in material and workmanship for aperiod of eighteen (18) months from date of shipment, as long as equipment is utilized under normalconditions and service and is properly installed; however, the warranty shall not be applicable toany of the following items: refrigerant, belts, filters, humidifier, heaters not regularly cleaned, lightbulbs, and any other items either consumed or worn out by normal wear and tear, or by conditionsbeyond Seller’s control, including (without limitation as to generally) polluted or contaminated air orwater.The Seller’s obligation under this warranty is limited solely to the repair or replacement, at Seller’soptions, of any part or parts thereof which shall, within eighteen (18) months from date of shipmentof the equipment to the original purchaser be returned to the factory, transportation charges repaid,which upon examination shall disclose to the Seller’s satisfaction to have been defective under nor-mal use and service. This agreement to repair or replace defective parts is expressly in lieu of allother warranties, expressed or implied and all other obligations or liabilities on the part of the Sellerand Seller neither assumes nor authorizes any other person to assume for it any liability or obliga-tion in connection with the sales or service of its equipment, except said repair or replacement ofdefective parts set forth above.This warranty does not include any labor charges for work done outside the factory for replacementof parts, adjustments, repairs, or any other work. Seller’s liability does not include any resultingdamage to persons, property, equipment, goods or merchandise arising out of any defect in or fail-ure of any equipment of its manufacture and Buyer hereby waives any claim against Seller arisingout of such claim. This warranty shall not cover the repair or replacement of any equipment whichhas been repaired or altered outside the factory in any way or which has been subject to negligence,misuse, or abuse, or to pressures in excess of stated limits.This warranty applies only to the original purchaser of the equipment and does not extend, express-ly or by implication, to the third parties or others without specific written approval and acknowledg-ment of Seller. Buyer’s exclusive remedy and Seller’s maximum liability for any and all loss, injury,damage, costs, or expense arising from any defect covered by this warranty shall be limited to therepair or replacement, but not the installation of any defective material, F.O.B., Seller’s plant; pro-vided however, that Seller shall not be required to replace any part or component (a) which can berepaired, or (b) unless Buyer has given Seller immediate written notice that replacement or repair.In addition, Seller shall not be liable for any cost or expense of replacement or repair contracted forby Buyer with any third person, unless, and then only to the extent that Seller authorizes in writing,such costs or expense.Seller shall not be liable for any direct, indirect incidental, consequential, or other form of loss, injury,damage, cost, or expense, whether caused by delay, failure, or performance, breach of warranty,or by any cause whatsoever.Seller’s obligation under this warranty shall be void if Buyer fails: (a) without legal justification topay Seller, when due, the full purchase price for the equipment sold hereunder, or (b) to have theequipment sold hereunder installed, maintained, and serviced by competent personnel and in ac-cordance with Seller’s instructions.