WARRANTY
WITH RESPECT TO Therma-FIow
®
(THE "EQUIPMENT") ENCON HEREBY DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE
IMPLIED WARRANTY
OF
MERCHANTABILITY
AND
FITNESS
FOR A PARTICULAR PURPOSE, EXCEPT AS
HEREAFTER PROVIDED.
ENCON warrants the Equipment to be free of defects in material and workmanship if
properly installed, cared for and operated under normal conditions, with competent
supervision, and in accordance with ENCON's installation, operating and maintenance
instructions. With respect to the Equipment, ENCON's only obligation under this warranty is
to repair or replace such components of the Equipment:
1. As proved defective and ENCON is so advised within one year after shipment,
and
2. Shall appear to ENCON's satisfaction to have been defective in material or
workmanship.
3. Encon Safety Products will request completion of a Service Authorization
Agreement by an Authorized employee of the customer prior to on site
inspection by Encon personnel of the warranty claim.
However, in no event shall ENCON be liable under this Warranty unless ENCON is provided
an opportunity to inspect such material or workmanship and, at its option, allowed to repair
or replace such material or workmanship.
No warranty is given in connection with any portion of the Equipment, which is altered or
rebuilt without ENCON's express written consent.
ENCON shall not be liable for loss, damage, or expense, arising directly, or indirectly, as a
consequence of use of the equipment with other products, or from any other cause, other than
ENCON's obligation to repair or replace defective components of the Equipment as expressly
provided in this warranty statement.
THE CUSTOMER'S PURCHASE AND ACCEPTANCE OF THE EQUIPMENT SHALL BE
DEEMED TO BE ITS AGREEMENT TO BE BOUND BY THE TERMS AND PROVISIONS
OF THIS WARRANTY.
Under no circumstances will ENCON ever be liable for indirect or consequential loss or
damage arising out of the ownership or use of the Equipment.
The terms of this Warranty shall apply to any replacement parts installed on, or
furnished in connection with the Equipment.