
8
Warranty
HYVST warrants all equipment referenced in this document which is manufactured by HYVST and bearing its
name to be free from defects in material and workmanship on the date of sale to the original purchaser for use.
With the exception of any special, extended, or limited warranty published by HYVST, HYVST will, for a period
of twelve months from the date of sale, repair or replace any part of the equipment determined by HYVST to be
defective. This warranty applies only when the equipment is installed, operated and maintained in accordance with
HYVST’s written recommendations.
This warranty does not cover, and HYVST shall not be liable for general wear and tear, or any malfunction,
damage or wear caused by faulty installation, misapplication, abrasion, corrosion, inadequate or improper
maintenance, negligence, accident, tampering, or substitution of non-HYVST component parts. Nor shall HYVST
be liable for malfunction, damage or wear caused by the incompatibility of HYVST equipment with structures,
accessories, equipment or materials not supplied by HYVST, or the improper design, manufacture, installation,
operation or maintenance of structures, accessories, equipment or materials not supplied by HYVST.
This warranty is conditioned upon the prepaid return of the equipment claimed to be defective to an authorized
HYVST distributor for verification of the claimed defect. If the claimed defect is verified, HYVST will repair or
replace free of charge any defective parts. The equipment will be returned to the original purchaser transportation
prepaid. If inspection of the equipment does not disclose any defect in material or workmanship, repairs will be
made at a reasonable charge, which charges may include the costs of parts, labor, and transportation.
THIS WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE.
HYVST’s sole obligation and buyer’s sole remedy for any breach of warranty shall be as set forth above. The
buyer agrees that no other remedy(including, but not limited to, incidental or consequential damages for lost
profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. Any
action for breach of warranty must be brought within two (2) years of the date of sale.
HYVST MAKES NO WARRANTY, AND DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH
ACCESSORIES, EQUIPMENT, MATERIALS OR COMPONENTS SOLD BUT NOT MANUFACTURED
BY HYVST. These items sold, but not manufactured by HYVST (such as electric motors, switches, hose, etc.), are
subject to the warranty, if any, of their manufacturer. HYVST will provide purchaser with reasonable assistance in
making any claim for breach of these warranties.
In no event will HYVST be liable for indirect, incidental, special or consequential damages resulting from HYVST
supplying equipment hereunder, or the furnishing, performance, or use of any products or other goods sold hereto,
whether due to a breach of contract, breach of warranty, the negligence of HYVST, or otherwise.