WARRANTY – VACUUM PRODUCTS
Subject to the terms and conditions hereinafter set forth and set forth in General Terms of Sale, Tuthill V acuum & B lower Systems (the Seller)
warrants products and parts of its manufacture, when shipped, and its work (including installation and start-up) when performed, will be of
good quality and will be free from defects in material and workmanship. This warranty applies only to Seller’s equipment, under use and
servi ce in accordance with seller’s written instructions, recommendations and ratings for installation, operating, maintenance and servi ce of
products, for a period as stated in the table below. B ecause of va rying conditions of installation and operation, all guarantees of performance
are subject to plus or minus 5 % va riation. (Non-standard materials are subject to a plus or minus 10% va riation).
PRODUCT
TYPE
TYPE OF APPLICATION
New 15 months after date of shipment or 12 months after initial startup date, whicheve r occurs first
Piston Pumps 30 months after date of shipment, on all units sold after Ju ne 1, 2014
Repair 6 months after date of shipment or remaining warranty period, whicheve r is greater
Remanufactured 9 months after date of shipment or 6 months after initial startup date, whicheve r occurs first
THIS WARRANTY EXTENDS ONLY TO BUYER AND/OR ORIGINAL END USER, AND IN NO EVENT SHALL THE SELLER BE LIABLE
FOR PROPERTY DAMAGE SUSTAINED BY A PERSON DESIGNATED BY THE LAW OF ANY JURISDICTION AS A THIRD PARTY
BENEFICIARY OF THIS WARRANTY OR ANY OTHER WARRANTY HELD TO SURVIVE SELLER’S DISCLAIMER.
All accessories furnished by Seller but manufactured by others bear only that manufacturer’s standard warranty.
All claims for defective products, parts, or work under this warranty must be made in writing immediately upon discove ry and, in any eve nt
within one (1) year from date of shipment of the applicable item and all claims for defective work must be made in writing immediately upon
discovery and in any event within one () year from date of completion thereof by eller. nless done with prior written consent of eller,
any repairs, alterations or disassembly of Seller’s equipment shall vo id warranty. Installation and transportation costs are not included and
defective items must be held for Seller’s inspection and returned to Seller’s Ex-works point upon request.
THERE ARE NO WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY WHICH EXTEND BEYOND THE DESCRIPTION ON THE
FACE HEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF
PURPOSE.
After B uyer’s submission of a claim as provi ded above and its approva l, Seller shall at its option either repair or replace its product, part, or
work at the original Ex-works point of shipment, or refund an equitable portion of the purchase price.
The products and parts sold hereunder are not warranted for operation with erosive or corrosive material or those which may lead to build up
of material within the product supplied, nor those which are incompatible with the materials of construction. The B uyer shall have no claim
whatsoeve r and no product or part shall be deemed to be defective by reason of failure to resist erosive or corrosive action nor for problems
resulting from build-up of material within the unit nor for problems due to incompatibility with the materials of construction.
Any improper use, operation beyond capacity, substitution of parts not approve d by Seller, or any alteration or repair by others in such
manner as in Seller’s judgment affects the product materially and adve rsely shall vo id this warranty.
No employee or representative of Seller other than an Officer of the Company is authorize d to change this warranty in any way or grant any
other warranty. Any such change by an Officer of the Company must be in writing.
The foregoing is Seller’s only obligation and B uyer’s only remedy for breach of warranty, and except for gross negligence, willful
misconduct and remedies permitted under the General Terms of Sale in the sections on CONTRACT PERFORMANCE, INSPECTION AND
ACCEPTANCE and the PATENTS Clause hereof, the foregoing is BUYER’S ONLY REMEDY HEREUNDER BY WAY OF BREACH
OF CONTRACT, TORT OR OTHERWISE, WITHOUT REGARD TO WHETHER ANY DEFECT WAS DISCOVERED OR LATENT AT THE
TIME OF DELIVERY OF THE PRODUCT OR WORK. In no eve nt shall B uyer be entitled to incidental or consequential damages. Any action
for breach of this agreement must commence within one (1) year after the cause of action has occurred.
Ju ne 2014
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