INNOVATIVE VACUUM SOLUTIONS, INC WARRANTY POLICY
Innovative Vacuum Solutions, Inc. (hereinafter referred to as “Company”) warrants that its products and reconditioned products and the components installed therein shall be free of defects in material and workmanship and shall conform to the specifications given in connection with the sale of products and reconditioned products and the components installed therein by Company. This warranty applies only to the Company’s products and reconditioned products and the components installed therein, sold by Company.
Length of Warranty.
All claims for defective products and reconditioned products and the components installed, or workmanship under this warranty must be made in writing immediately upon discovery and no later than one (1) year from the documented date of installation of the Company’s product or reconditioned product’s installation into another device or the Customer’s resale of the product or reconditioned product prior to its installation into a subsequent device. Customer shall comply with the documentation requirements of Company to document when the product or reconditioned product was installed into a subsequent device or resold.
Use of Warranty.
This warranty extends solely to the original purchaser of the product or reconditioned product from Company (“Customer”). Any purchaser or third-party end user that is not the original purchaser shall have no rights under this warranty and shall look solely to their seller for any warranty coverage. This warranty shall be valid only when the product or reconditioned product has been properly installed, stored, used in the normal manner, used and serviced according to the operations and maintenance manual (“OEM”) and all other instructions in the OEM and Company instructions have been followed. If the product or reconditioned product is not installed into an end product or device upon receipt, the product or reconditioned product must be properly stored away from dirt and dust and at the appropriate temperature.
Items Not Covered by the Warranty.
Defective products or reconditioned products and the components installed therein, must be held for Company’s inspection and returned to Company. If Customer fails to provide the alleged defective part or product to Company for its inspection, Company shall have the right to refuse to cover such part of product under its warranty and any alleged resultant damage to the product. In addition, this warranty will not cover certain defects caused by a lack of maintenance, disassembled products or products that have been reconditioned by a third party, improper installation into a device, a failure to use and maintain the product or reconditioned product according to the OEM standards and Company instructions, defects resulting from a build-up of material on the internal parts of the product or reconditioned product, failure to follow the Company’s documentation requirements to document when the product or reconditioned product was installed into a subsequent device or resold, or other conditions that would affect the performance or life of the product or reconditioned product and the components installed therein. Insurance and transportation costs to ship the product, reconditioned product or component to and from the Company’s workshop designated by Company, is also not included in this warranty and such costs shall be borne by the Customer.
Termination of Warranty.
This warranty shall terminate and be null and void for all purposes for products and reconditioned products and the components installed therein that have been: misused, neglected, altered, repaired without Company authorization, operated with an improper voltage, operated at excessive ambient temperatures, or used to pump corrosive materials or solutions or used to pump erosive or explosive liquids or gases.
Permission to return products, reconditioned products or components for warranty repair must be obtained from the Company, and all returns must be prepaid to the Company. If, after examination, the product, reconditioned product or components installed therein is found to be defective, it will be repaired or replaced on a no-charge basis and returned, EX WORKS ORIGIN (EXW Origin); Incoterms 2010. If it is determined that the warranty has not been breached by Company, then the usual charges for repair or replacement will be made, EX WORKS ORIGIN (EXW Origin); Incoterms 2010. Components, products or reconditioned products that are obsolete or those made to special order are not returnable. In addition, any products or reconditioned products that have been installed into a subsequent device must be uninstalled from such device prior to shipment to Company for repair.
Limitation of Liability.
THE COMPANY’S OBLIGATIONS ARE LIMITED TO REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE, AT THE COMPANY’S SOLE DISCRETION. COMPANY SHALL HAVE NO LIABILITY FOR LOSS OF REVENUE OR DOWN TIME INCURRED BY THE CUSTOMER OR ANY OTHER USER OF THE PRODUCT OR RECONDITIONED PRODUCT. IN NO EVENT SHALL COMPANY 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 COMPANY’S DISCLAIMER. IN ADDITION, COMPANY SHALL HAVE NO LIABILITY FOR OTHER DEVICES AND THERE PARTS IN WHICH THE COMPANY’S PRODUCT OR RECONDITIONED PRODUCT MAY HAVE BEEN INSTALLED.
COMPANY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES THAT EXCEED THE AFOREMENTIONED OBLIGATIONS ARE HEREBY DISCLAIMED BY THE COMPANY AND EXCLUDED FROM THIS WARRANTY. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT, FAILURE, OPERATION OR USE OF THE PRODUCT OR RECONDITIONED PRODUCT. CUSTOMER HEREBY EXPLICITS AGREES THAT COMPANY’S MAXIMUM LIABILITY SHALL NOT, IN ANY CASE EXCEED THE CONTRACT PRICE FOR THE PRODUCT, RECONDITIONED PRODUCT, PART, EQUIPMENT OR COMPONENT CLAIMED TO BE DEFECTIVE.
NO OTHER PERSON OR ENTITY (INCLUDING COMPANY EMPLOYEES) ARE AUTHORIZED TO GIVE ANY OTHER WARRANTY OR TO ASSUME ANY OTHER LIABILITY ON THE COMPANY’S BEHALF WITHOUT WRITTEN AUTHORIZATION.