CHART Carbo-MAX 450 - Warranty; Warranty Policy

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Product Manual - Carbo-Max
®
Bulk CO
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Systems
Warranty Policy
Chart Inc. (“Chart”) warrants to the Purchaser that the Bulk
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Storage Systems equipment (the “Equipment”) shall
be free from any defects in workmanship and materials;
provided, however, that this warranty shall be limited to
Equipment found to be defective within a period of one (1)
year from initial use or eighteen (18) months from the date of
shipment, whichever expires rst, except that parts sold as a
spare or for replacement are warranted for ninety (90) days
from the date of shipment. Chart also warrants the vacuum
in the Equipment for seven (7) years from the date of the
original Chart invoice (as of 1/1/2016)(“Pool Coat” vessels
for three (3) years). Chart warrants that its services will be
performed in a professional and workmanlike manner. All
Chart services are warranted for a period of ninety (90) days
from the date of their completion.
Purchaser agrees that as a pre-condition to any Chart liability
hereunder, Purchaser or its appointed agents shall fully
inspect all Equipment immediately upon delivery and shall
give Chart written notice of any claim or purported defect
within ten (10) days after discovery of such defect.
As a further pre-condition to any Chart liability hereunder,
an approved Chart service company must supply both parts
replacement and labor and Purchaser must strictly adhere
to the Warranty Claims Procedure set forth below. Chart’s
sole and exclusive liability under this limited warranty is to
the original Purchaser only and is, at Chart’s sole option: (1)
repair or replacement of the defective Equipment or parts
thereof; or (2) refund the net purchase price of the defective
Equipment or parts thereof paid by the original Purchaser; or
(3) in the case of nonconforming services, provide equivalent
services or refund the net price paid by the original
Purchaser for such services. Chart shall not be responsible
for providing working access to the defect, including
disassembly and reassembly of Equipment or for providing
transportation to and from Chart’s repair or factory facility,
all of which shall be at Purchaser’s risk and expense.
This limited warranty does not apply to Equipment that Chart
determines to have been caused by the eects of normal
wear and tear, erosion, corrosion, re, ood, explosion or
other excessive external forces, misuse, abuse, negligence or
accident. Alterations or repairs by any party other than those
designated and approved in writing by Chart, or installation,
storage, maintenance or operation of such Equipment in a
manner inconsistent with Chart accepted practices, normal
operating instructions, specications and drawings, or
outside the specied design conditions, unless pre-authorized
in writing by Chart, shall void this limited warranty.
Modications in any way to the Equipment without Chart’s
prior written approval shall render this warranty void. This
limited warranty does not apply to Equipment comprised
of materials provided or a design stipulated by Purchaser
or to Equipment purchased used. Negligent handling of the
vacuum by the Purchaser or others, or testing of the vacuum
levels by any party other than Chart designated and approved
party shall render the vacuum warranty void.
Repairs or replacements made pursuant to warranty shall
not renew or extend the applicable original warranty period;
provided however, that any such repairs or replacement of
Equipment or parts thereof shall be warranted for the time
remaining in the original warranty period or thirty days,
whichever is longer.
Individual parts replacements under warranty and with a
component list price less than $50.00 will be replaced at no
charge. Individual components costs exceeding $50.00 that
are replaced under warranty will be invoiced to the Purchaser
and the Purchaser will be issued credit based on results of
Chart’s evaluation of the returned component(s). The Return
Material Authorization (RMA) process must be initiated
prior to shipment of any replacement parts.
Chart is not liable for component replacement labor
exceeding two hours for actual replacement and two hours
travel time (four hours @ 65.00/hour maximum).
Chart specically makes no warranties or guarantees,
expressed or implied, including the warranties of
merchantability of tness for a particular purpose or use,
or warranties arising from course of dealing or usage of
trade, which are all expressly disclaimed, other than limited
warranties expressly specied herein.
In no event shall Chart be liable for any special, indirect,
incidental or consequential damages, including but not
limited to loss of prots, lost opportunity, loss of use of
the equipment, CO
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loss, cost of capital, cost of substitute
equipment, downtime costs, costs of delays nor for any
penalties, whether any such claim for the same is based
on contract, warranty, tort, negligence, strict liability or
otherwise, Chart’s liability for any such claims whether
in contract, warranty, negligence, tort, strict liability, or
otherwise or for any loss or damage arising out of, connected
with, or from any design, sale, installation, operation or use
of the equipment or performance of any services rendered
by Chart, shall in no event exceed the purchase price paid to
Chart by purchaser for the specic equipment or part thereof
or for the services giving rise to the claim. Purchaser agrees
to defend, indemnify and hold Chart harmless from any
third party claims arising out the use, sale, or lease of the
equipment.
This warranty policy is not intended to replace or supersede
the warranties, limitations, exclusive remedy and disclaimers
set forth in Chart’s Terms and Conditions of Sale. In the
Warranty