
LIMITED WARRANTY
WARNING Acme products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of defects. Even reliable products will
experience occasional failures and this possibility should be recognized by the Purchaser and all End Users. If these products are used in a life support ventilation system where
failure could result in loss or injury, the Purchaser and all End Users should provide adequate back-up ventilation, supplementary natural ventilation or failure alarm system, or
acknowledge willingness to accept the risk of such loss or injury.
WARNING DO NOT use in HAZARDOUS ENVIRONMENTS where fan’s electrical system could provide ignition to combustible or ammable materials unless unit is specically
built for hazardous environments. Comply with all local and national safety codes including the National Electrical Code (NEC) and National Fire Protection Act (NFPA).
CAUTION Guards must be installed when fan is within reach of personnel or within eight (8) feet (2.5 m) of working level or when deemed advisable for safety.
DISCLAIMER The Company has made a diligent effort to illustrate and describe the products accurately in all Company literature; however such illustrations and descriptions
are for the sole purpose of identication and do not express or imply any warranty.
TERMS AND CONDITIONS OF SALE
ACCEPTANCE All orders and sales are subject to
written approval and acceptance by an executive of-
cer of Acme Engineering & Manufacturing Corporation
at Muskogee, Oklahoma, (the “Company”) and are not
binding on the Company until so approved.
DELIVERY All shipping and delivery dates are
estimated only. No delays in delivery will subject
the Company to any costs, damages or fees for late
delivery. Delivery of the products herein specied shall
be made F.O.B. point of shipment, unless otherwise
stated. The Company shall not be liable for delay due
to causes beyond its reasonable control, such as Acts
of God, acts of the purchaser, acts of civil or military
authorities, priorities, res, strikes, oods, epidemics,
war, riots, delays in transportation, car shortages, and
inability, due to reasons beyond its reasonable control,
to obtain necessary labor, material, or manufacturing
facilities. In the event of such a delay, the date of
delivery shall be extended for a period equal to the time
lost by reason of the delay.
TERMS OF PAYMENT If, in the judgment of the Com-
pany, the nancial condition of the purchaser at any
time does not justify continuation of manufacture or
shipment on the terms of payment specied, the Com-
pany may require full or partial payment in advance.
Pro rata payments shall become due as shipments are
made. Each shipment or delivery shall constitute a sep-
arate sale, and the default of any shipment or delivery
shall constitute a separate sale, and the default of any
shipment or delivery shall not vitiate the contract as to
other shipments or deliveries.
SALES AND SIMILAR TAXES The Company’s prices
do not include sales, use, excise, or similar taxes.
Consequently, in addition to the price specied herein,
the amount of any present or future sales, use, excise,
or other similar tax applicable to the sale of the product
herein shall be paid by the Purchaser, or in lieu thereof
the Purchaser shall provide the Company with a tax ex-
emption certicate acceptable to the taxing authorities.
CANCELLATION Any contract resulting from the
Purchaser’s order may be canceled by the Purchaser
only by negotiations and upon payments of reasonable
cancellation charges which will take into account
expenses already incurred and commitments made by
the Company.
DESIGN CHANGES The Company reserves the right
to make changes in design, improvements and addi-
tions in and to its products any time without imposing
any liability or obligations to itself to apply or install the
same in any product manufactured by it.
TITLE The title and right of possession of the products
sold herein shall remain with the Company and such
products shall remain personal property until all pay-
ments herein (including deferred payments whether
evidenced by notes or otherwise) shall have been
made in full in cash and the Purchaser agrees to do all
acts necessary to perfect and maintain such right and
title in the Company.
PRICE ADJUSTMENTS Prices are subject to change
upon notice by the Company. Prices on existing
orders are subject to surcharges in the event of cost
increases of metals and transportation. All complete
component accessory material manufactured by others
and furnished with the Company’s products such as
motors, drives, vibration equipment, controls or other
completely assembled component structures, are
subject to adjustment to the price at time of shipment
regardless of the date of original order entry.
SAFETY ACCESSORIES The Company manufactures
products designed to serve multiple applications and of-
fers a wide range of safety equipment, including guards
and other devices, as may be required to meet cus-
tomer specications. Without exception, the Company
recommends that all orders include applicable safety
devices. Products ordered without applicable safety
devices is clearly the responsibility of the Purchaser.
Further, the Purchaser warrants that it has determined
and acquired any and all safety devices required for
products sold by the Company. Weather covers and
guards for motor and V-belt drives, couplings, shafts
and bearings, along with inlet and outlet screens, are
optional accessories noted in the price list.
GOVERNING LAW The rights, obligations and reme-
dies of Purchaser and the Company, the interpretation
of these terms and conditions and the sale of products
by the Company shall be governed by Oklahoma law,
without regard to any principles of conict of laws.
ARBITRATION Any dispute arising under or in con-
nection with these terms and conditions or the sale of
products shall be settled by binding arbitration admin-
istered by the American Arbitration Association under
its Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. The dispute shall be
resolved by one neutral arbitrator who shall have no af-
liation with either Purchaser or the Company and shall
be selected by the American Arbitration Association
ofce in Dallas, Texas. The arbitration proceedings
shall be held in Muskogee, Oklahoma.
APPLICABLE DOCUMENTS The agreement between
the Company and the Purchaser relating to the prod-
ucts includes these terms and conditions of sale, any
applicable installation and maintenance instructions
provided by the Company and any terms appearing on
the Company’s quotation, sales order acknowledgment
and invoice.
WARRANTY AND DISCLAIMER: the Company ex-
tends this limited warranty to the original purchaser and
warrants that products supplied by the Company, shall
be free from original defects in workmanship and ma-
terials for two years from date of shipment (except for
the warranty periods noted for products listed below),
provided same have been properly handled, stored,
installed, serviced, maintained and operated. This
warranty shall not apply to products which have been
altered or repaired without the Company’s express
authorization, or altered or repaired in any way so as,
in the Company’s judgment, to affect its performance
or reliability, nor which have been improperly installed
or subjected to misuse, negligence, or accident, or
incorrectly used in combination with other substances.
The Purchaser assumes all risks and liability for results
of use of all products.
Evaporative cooling pads are warranted to be free of
defects in materials and workmanship for a period of
two years from date of shipment provided same have
been properly handled, stored, installed, serviced,
maintained and operated; and further, not subjected
to excessive heat, corrosive agents or chemicals, or
mechanical abuse that may cause tearing, crushing
or undue deterioration, nor used on a system or in a
manner other than that for which it was designed as
explained in the product literature.
The following products are warranted to be free of
defects in materials and workmanship for the periods
shown from date of shipment: Acme’s exclusive duplex
split pillow block bearings and shaft ve years, belts
one year, Polyethylene tubing 90 days, and DDP fan
lifetime warranty on its stainless steel propeller, cone,
and housing.
LIMITATION OF REMEDY AND DAMAGES: All claims
under this warranty must be made in writing and deliv-
ered to P. O. Box 978, Muskogee, Oklahoma, 74402,
within 15 days after discovery of the defect and prior to
the expiration of two years from the date of shipment by
the Company of the product claimed defective, and Pur-
chaser shall be barred from any remedy if Purchaser
fails to make such claim within such period.
Within 30 days after receipt of a timely claim, the
Company shall have the option either to inspect the
product while in Purchaser’s possession or to request
Purchaser to return the product to the Company at
Purchaser’s expense for inspection by the Company.
The Company shall replace, or at its option repair, free
of charge, any product it determines to be defective,
and it shall ship the repaired or replacement product to
Purchaser F.O.B. point of shipment; provided, however,
if circumstances are such as in the Company’s judg-
ment to prohibit repair or replacement to remedy the
warranted defects, the Purchaser’s sole and exclusive
remedy shall be a refund to the Purchaser of any part of
the invoice price, paid to the Company, for the defective
product or part.
The Company is not responsible for the cost of re-
moval of the defective product or part, damages due
to removal, or any expenses incurred in shipping the
product or part to or from the Company’s plant, or the
installation of the repaired or replaced product or part.
The warranties set forth above do not apply to any
components, accessories, parts or attachments man-
ufactured by other manufacturers; such being subject
to the manufacturer’s warranty, if any. To the extent
not prohibited by the manufacturer’s warranty, the
Company shall pass through to Purchaser such man-
ufacturer’s warranty.
THE COMPANY’S WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRAN-
TIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, WHICH ARE HEREBY
EXPRESSLY DISCLAIMED AND WAIVED. THIS
WARRANTY CONSTITUTES THE COMPANY’S SOLE
AND EXCLUSIVE WARRANTY FOR DEFECTIVE
GOODS AND PURCHASER’S SOLE AND EXCLU-
SIVE REMEDY FOR DEFECTIVE PRODUCTS.
No employee, agent, dealer, or other person is autho-
rized to give any warranties on behalf of the Company
or to assume for the Company any other liability in
connection with any of its products except in writing and
signed by an ofcer of the Company.
REPLACEMENT PARTS If replacement parts are or-
dered, purchaser warrants that the original components
in which these replacement parts will be placed are in
satisfactory working condition, and when said replace-
ment parts are installed, the resultant installation will
operate in a safe manner, at speeds and temperatures
for which the original product was purchased.
TECHNICAL ADVICE AND RECOMMENDATIONS,
DISCLAIMER: Notwithstanding any past practice or
dealings or any custom of the trade, sales shall not
include the furnishing of technical advice or assistance
or system design. Any such assistance shall be at the
Company’s sole option and may be subject to additional
charge.
The Company assumes no obligation or liability on
account of any recommendations, opinions or advice
as to the choice, installation or use of products. Any
such recommendations, opinions or advice are given
and shall be accepted at Purchaser’s and End User’s
risk and shall not constitute any warranty or guarantee
of such products or their performance.
LIMITATION OF LIABILITY The cumulative liability of
the Company to the Purchaser and any other persons
for all claims in any way relating to or arising out of the
products, including, but not limited to, any cause of ac-
tion sounding in contract, tort, or strict liability, shall not
exceed the total amount of the purchase price paid for
those products which are the subject of any such claim.
This limitation of liability is intended to apply without
regard to whether other provisions of this agreement
have been breached or have proven ineffective even
if the Company has been advised of the possibility of
such claims or demands. In no event shall the Company
be liable to the Purchaser or any other person for any
loss of prots or any incidental, special, exemplary, or
consequential damages for any claims or demands
brought by the Purchaser or such other persons.
INDEMNITY The Company’s maximum liability to
Purchaser and to any end user is as set forth above.
The Company makes no warranty to anyone for any
products not manufactured by the Company and
shall have no liability for any use or installation of any
products (whether manufactured by the Company or
other manufacturers) not specically authorized by this
sale. Purchaser acknowledges various warnings by the
Company regarding the products and its installation
and use. If the Company incurs any claims, lawsuits,
settlements, or expenses (including attorney fees) for
any loss, injury, death or property damage including,
but not limited to, claims arising out of the Purchaser’s
or any end user’s installation or use of the products,
the Purchaser shall indemnify and hold the Company
harmless.
ACME ENGINEERING &
MANUFACTURING CORPORATION
P.O. Box 978
Muskogee, OK 74402
Telephone 918-682-7791
Fax 918-682-0134
AcmeFan.com
Member Air Movement and Control Association International, Inc. July 2018 613093