Parker 732 Series Owner's Manual

Also see for 700 Series: Service Procedure

Contents

Parker 732 Series Owner's Manual Manual pdf 35 page image

The items described in this document and other documents and descriptions provided by Parker Hannifin Corporation, its subsidiaries and its authorizeddistributors (“Seller”) are hereby offered for sale at prices to be established by Seller. This offer and its acceptance by any customer (“Buyer”) shall begoverned by all of the following Terms and Conditions. Buyer’s order for any item described in its document, when communicated to Seller verbally, orin writing, shall constitute acceptance of this offer. All goods, services or work described will be referred to as “Products”.11. Improper use and Indemnity. Buyer shall indemnify, defend, and hold Sellerharmless from any claim, liability, damages, lawsuits, and costs (including attorneyfees), whether for personal injury, property damage, patent, trademark or copyrightinfringement or any other claim, brought by or incurred by Buyer, Buyer’s employees,or any other person, arising out of: (a) improper selection, improper application orother misuse of Products purchased by Buyer from Seller; (b) any act or omission,negligent or otherwise, of Buyer; (c) Seller’s use of patterns, plans, drawings, orspecifications furnished by Buyer to manufacture Product; or (d) Buyer’s failure tocomply with these terms and conditions. Seller shall not indemnify Buyer under anycircumstance except as otherwise provided.12. Cancellations and Changes. Orders shall not be subject to cancellation orchange by Buyer for any reason, except with Seller’s written consent and upon termsthat will indemnify, defend and hold Seller harmless against all direct, incidental andconsequential loss or damage. Seller may change product features, specifications,designs and availability with notice to Buyer.13. Limitation on Assignment. Buyer may not assign its rights or obligations underthis agreement without the prior written consent of Seller.14. Force Majeure. Seller does not assume the risk and shall not be liable for delayor failure to perform any of Seller’s obligations by reason of circumstances beyondthe reasonable control of Seller (hereinafter “Events of Force Majeure”). Events ofForce Majeure shall include without limitation: accidents, strikes or labor disputes,acts of any government or government agency, acts of nature, delays or failures indelivery from carriers or suppliers, shortages of materials, or any other cause beyondSeller’s reasonable control.15. Waiver and Severability. Failure to enforce any provision of this agreement willnot waive that provision nor will any such failure prejudice Seller’s right to enforce thatprovision in the future. Invalidation of any provision of this agreement by legislationor other rule of law shall not invalidate any other provision herein. The remainingprovisions of this agreement will remain in full force and effect.16. Termination. Seller may terminate this agreement for any reason and at any timeby giving Buyer thirty (30) days written notice of termination. Seller may immediatelyterminate this agreement, in writing, if Buyer: (a) commits a breach of any provisionof this agreement (b) appointments a trustee, receiver or custodian for all or any partof Buyer’s property (c) files a petition for relief in bankruptcy on its own behalf, or bya third party (d) makes an assignment for the benefit of creditors, or (e) dissolves orliquidates all or a majority of its assets.17. Governing Law. This agreement and the sale and delivery of all Productshereunder shall be deemed to have taken place in and shall be governed and construedin accordance with the laws of the State of Ohio, as applicable to contracts executedand wholly performed therein and without regard to conflicts of laws principles. Buyerirrevocably agrees and consents to the exclusive jurisdiction and venue of the courtsof Cuyahoga County, Ohio with respect to any dispute, controversy or claim arisingout of or relating to this agreement.18. Indemnity for Infringement of Intellectual Property Rights. Seller shall have noliability for infringement of any patents, trademarks, copyrights, trade dress, trade secretsor similar rights except as provided in this Section. Seller will defend and indemnifyBuyer against allegations of infringement of U.S. patents, U.S. trademarks, copyrights,trade dress and trade secrets (“Intellectual Property Rights”). Seller will defend at itsexpense and will pay the cost of any settlement or damages awarded in an actionbrought against Buyer based on an allegation that a Product sold pursuant to thisAgreement infringes the Intellectual Property Rights of a third party. Seller’s obligationto defend and indemnify Buyer is contingent on Buyer notifying Seller within ten (10)days after Buyer becomes aware of such allegations of infringement, and Seller havingsole control over the defense of any allegations or actions including all negotiationsfor settlement or compromise. If a Product is subject to a claim that it infringesthe Intellectual Property Rights of a third party, Seller may, at its sole expenseand option, procure for Buyer the right to continue using the Product, replace ormodify the Product so as to make it noninfringing, or offer to accept return of theProduct and return the purchase price less a reasonable allowance for depreciation.Notwithstanding the foregoing, Seller shall have no liability for claims ofinfringement based on information provided by Buyer, or directed to Products deliveredhereunder for which the designs are specified in whole or part by Buyer, orinfringements resulting from the modification, combination or use in a system of anyProduct sold hereunder.The foregoing provisions of this Section shall constitute Seller’ssole and exclusive liability and Buyer’s sole and exclusive remedy for infringementof Intellectual Property Rights.19. Entire Agreement. This agreement contains the entire agreement between theBuyer and Seller and constitutes the final, complete and exclusive expression of theterms of sale. All prior or contemporaneous written or oral agreements or negotiationswith respect to the subject matter are herein merged.20. Compliance with Law, U. K. Bribery Act and U.S. ForeignCorrupt Practices Act. Buyer agrees to comply with all applicable laws andregulations, including both those of the United Kingdom and the United States ofAmerica, and of the country or countries of the Territory in which Buyer may operate,including without limitation the U. K. Bribery Act, the U.S. Foreign Corrupt PracticesAct (“FCPA”) and the U.S. Anti-Kickback Act (the “Anti-Kickback Act”), and agrees toindemnify and hold harmless Seller from the consequences of any violation of suchprovisions by Buyer, its employees or agents. Buyer acknowledges that they arefamiliar with the provisions of the U. K. Bribery Act, the FCPA and the Anti-KickbackAct, and certifies that Buyer will adhere to the requirements thereof. In particular,Buyer represents and agrees that Buyer shall not make any payment or give anythingof value, directly or indirectly to any governmental official, any foreign political party orofficial thereof, any candidate for foreign political office, or any commercial entity orperson, for the purpose of influencing such person to purchase products or otherwisebenefit the business of Seller. 07/141. Terms and Conditions. Seller’s willingness to offer Products, or accept an orderfor Products, to or from Buyer is subject to these Terms and Conditions or any newerversion of the terms and conditions found on-line at www.parker.com/saleterms/. Sellerobjects to any contrary or additional terms or conditions of Buyer’s order or any otherdocument issued by Buyer.2. Price Adjustments; Payments. Prices stated on Seller’s quote or otherdocumentation offered by Seller are valid for 30 days, and do not include any sales,use, or other taxes unless specifically stated. Unless otherwise specified by Seller,all prices are F.C.A. Seller’s facility (INCOTERMS 2010). Payment is subject to creditapproval and is due 30 days from the date of invoice or such other term as required bySeller’s Credit Department, after which Buyer shall pay interest on any unpaid invoicesat the rate of 1.5% per month or the maximum allowable rate under applicable law.3. Delivery Dates; Title and Risk; Shipment. All delivery dates are approximate andSeller shall not be responsible for any damages resulting from any delay. Regardlessof the manner of shipment, title to any products and risk of loss or damage shall passto Buyer upon placement of the products with the shipment carrier at Seller’s facility.Unless otherwise stated, Seller may exercise its judgment in choosing the carrier andmeans of delivery. No deferment of shipment at Buyers’ request beyond the respectivedates indicated will be made except on terms that will indemnify, defend and holdSeller harmless against all loss and additional expense. Buyer shall be responsible forany additional shipping charges incurred by Seller due to Buyer’s acts or omissions.4.Warranty. Seller warrants that all products sold, other than the 590 Series, conform tothe applicable Parker Chelsea standard specification for the lesser period of 2 years (24Months) from date of service or 2-1/2 years (30 Months) from date of build (as marked on theproduct name plate). Seller warrants that the 590 Series will conform to the applicableSeller standard specification for the lesser period of 2 years (24 Months) from date ofservice or 2000 hours of usage. The prices charged for Seller’s products are basedupon the exclusive limited warranty stated above, and upon the following disclaimer:DISCLAIMER OF WARRANTY:THIS WARRANTY COMPRISESTHE SOLE AND EN-TIRE WARRANTY PERTAININGTO PRODUCTS PROVIDED HEREUNDER. SELLERDISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDINGDESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.5. Claims; Commencement of Actions. Buyer shall promptly inspect allProducts upon delivery. No claims for shortages will be allowed unless reported tothe Seller within 10 days of delivery. No other claims against Seller will be allowedunless asserted in writing within 30 days after delivery. Buyer shall notify Seller ofany alleged breach of warranty within 30 days after the date the defect is or shouldhave been discovered by Buyer. Any action based upon breach of this agreementor upon any other claim arising out of this sale (other than an action by Seller for anamount due on any invoice) must be commenced within 12 months from the date ofthe breach without regard to the date breach is discovered.6. LIMITATION OF LIABILITY. UPON NOTIFICATION, SELLER WILL, AT ITS OPTION,REPAIR OR REPLACE A DEFECTIVE PRODUCT, OR REFUND THE PURCHASEPRICE. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL,INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, ORAS THE RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USEOR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANYCHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’SWRITTEN CONSENT, EVEN IF SELLER HAS BEEN NEGLIGENT, WHETHER INCONTRACT, TORT OR OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER’SLIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASEPRICE OF THE PRODUCTS.7. User Responsibility. The user, through its own analysis and testing, is solelyresponsible for making the final selection of the system and Product and assuring thatall performance, endurance, maintenance, safety and warning requirements of theapplication are met. The user must analyze all aspects of the application andfollow applicable industry standards and Product information. If Seller providesProduct or system options, the user is responsible for determining that such dataand specifications are suitable and sufficient for all applications and reasonablyforeseeable uses of the Products or systems.8. Loss to Buyer’s Property. Any designs, tools, patterns, materials, drawings,confidential information or equipment furnished by Buyer or any other items whichbecome Buyer’s property, will be considered obsolete and may be destroyed bySeller after two consecutive years have elapsed without Buyer ordering the itemsmanufactured using such property. Seller shall not be responsible for any loss ordamage to such property while it is in Seller’s possession or control.9. Special Tooling. A tooling charge may be imposed for any special tooling,including without limitation, dies, fixtures, molds and patterns, acquired tomanufacture Products. Such special tooling shall be and remain Seller’s propertynotwithstanding payment of any charges by Buyer. In no event will Buyer acquireany interest in apparatus belonging to Seller which is utilized in the manufacture ofthe Products, even if such apparatus has been specially converted or adapted forsuch manufacture and notwithstanding any charges paid by Buyer. Unless otherwiseagreed, Seller shall have the right to alter, discard or otherwise dispose of any specialtooling or other property in its sole discretion at any time.10. Buyer’s Obligation; Rights of Seller. To secure payment of all sumsdue or otherwise, Seller shall retain a security interest in the goods delivered and thisagreement shall be deemed a Security Agreement under the Uniform CommercialCode. Buyer authorizes Seller as its attorney to execute and file on Buyer’s behalf alldocuments Seller deems necessary to perfect its security interest.Parker Hannifin Corporation – Chelsea DivisionOffer of SaleParker Hannifin CorporationChelsea Products DivisionOlive Branch, MS 38654 USA31 Parker Hannifin CorporationChelsea Products DivisionOlive Branch, MS 38654 USA

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