
(ii) twelve (12) months from the date such Product become operational (collectively, the “Warranty”).
For
purposes of standard terms and conditions of sale, including for the purpose of defining and describing
Purchaser’s remedy as provided below in this section, the term “Products” shall not include related services or
labor. Any extended warranties or warranties for services or labor shall be subject to Munters’ “Additional
Terms and Conditions – Service Plans,” which shall be provided by Munters to Purchaser if applicable.
The Warranty applies only to Products that are properly installed, maintained and operated under normal
conditions with competent supervision in accordance with the instruction manual, good maintenance practice
and Munters recommendations, if any, made by Munters in writing. Without limiting the foregoing, the
Warranty shall be void, and Munters shall have no liability for, in the case of any Products that: (a) have been
disassembled, repaired or tampered with in any way, except when such work has been done with Munters’ prior
written approval, (b) have been damaged by use or operation in excess of any maximum pressures, temperatures
or rated capacities as specified by Munters in writing, (c) have been damaged by corrosion, or have degradation
in performance as a result of dirt, dust, or other foreign material, or (d) are considered consumable.
Munters’ obligation, and Purchaser’s sole and exclusive remedy, under the Warranty is limited to repair or
replacement at Munters’ facility, at Munters’ option, of any Products (or parts thereof) determined to be
defective in workmanship or material during the applicable warranty period. The Warranty is a parts only
warranty, and except as may be provided in “Additional Terms and Conditions – Service Plans,” if these
Additional Terms are applicable, the Purchaser’s remedy under the Warranty does not include services or labor.
The warranty period shall not be extended by the performance of warranty repairs or replacements.
The Warranty shall be voided if payment is not made in accordance with the terms as set forth by Munters and
conditions of sale.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR
IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE PRODUCTS, ANY RELATED SERVICES
OR LABOR OR THEIR CHARACTERISTICS, QUALITY OR PERFORMANCE, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES, AND ANY AND ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY
DISCLAIMED. No agent, representative, or dealer, or any other person or entity, is authorized to give on
Munters’ behalf any representation or warranty as to Product(s) or to assume for Munters any liability pertinent
to Product(s) under any circumstances
.
DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL MUNTERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF OR FAILURE TO USE
THE PRODUCT(S), WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE,
LOSS OF USE OF PRODUCTS, DELAYS, OR CLAIMS OF CUSTOMERS OF PURCHASER OR OTHER
THIRD PARTIES FOR SUCH OR OTHER DAMAGES. MUNTERS’ LIABILITY ON ALL CLAIMS,
WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY
LOSS OR DAMAGE ARISING OUT OF, OR CONNECTED WITH AN ORDER, OR FROM THE DESIGN
OR MANUFACTURE OF PRODUCTS, SHALL IN NO CASE EXCEED THE PURCHASE PRICE.
This warranty covers replacement and repairs or adjustments made at the Munters’ factory only. If the services
of a Munters Service Technician are required at the site where the equipment or part is installed, or at any other
location other than Munters’ factory, buyer will be responsible for the cost thereof and a purchase order shall be
issued to Munters. The warranty period will not be extended by the performance of warranty repairs or
replacements.
WARRANTY FOR MUNTERS Desiccant WHEELS
Munters warrants its HoneyCombe®
desiccant wheels to be free from structural defects in workmanship and
materials for a period of five years commencing thirty* (30) days from the date of shipment by Munters. (*For
specified customers the original startup report date establishes the date which will be used to calculate a
prorated replacement cost.)
The foregoing warranty does not apply to any equipment or part:
•Damage caused by misuse or any improper maintenance or contamination of the Desiccant wheel
media, or