
15
2 HP - 5 HP Scroll Enclosure Air Compressors
Powerex Limited Warranty – Applicable to Non-OEM Customers in the U.S. & Canada Only
Warranty and Remedies.
(a) General.Powerex warrants each Compressor System, Vacuum System, Vacuum Pump, Compressor Air-End, or Powerex branded Accessory (collectively
“Products”, individually each a “Product”) to be free from defects in material and workmanship (“Defects”) at the date of shipment. This warranty shall apply only
to Products that are purchased and used in the United States of America and in Canada. EXCEPT AS SET FORTH BELOW, NO OTHER WARRANTY, WHETHER EXPRESS
OR IMPLIED, INCLUDING ANYWARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL EXIST IN CONNECTION WITH THE SALE OR USE
OF SUCH PRODUCTS. TO THE EXTENT PERMITTED BY LAW, ANY AND ALL IMPLIED WARRANTIES ARE EXCLUDED. All warranty claims must be made in writing and
delivered to Powerex in accordance with the procedures set forth on its website (www.powerexinc.com), or such claim shall be barred. Upon timely receipt of a
warranty claim, Powerex shall inspect the Product claimed to have a Defect, and Powerex shall repair, or, at its option, replace, free of charge, any Product which
it determines to have had a Defect; provided, however, that if circumstances are such as to preclude the remedying of Defect by repair or replacement, Powerex
shall, upon return of the Product, refund to buyer any part of the purchase price of such Products paid to Powerex. Freight for returning Products to Powerex for
inspection shall be paid by buyer. The warranties and remedies herein are the sole and exclusive remedy for any breach of warranty or for any other claim based on
any Defect, or non-performance of the Products, whether based upon contract, warranty or negligence.
(b) (i) Standard Period of Warranty – Parts and Labor - The purchase of any system includes our standard warranty. Powerex warrants and represents all
Products shall be free from Defects for the rst eighteen (18) months from the date of shipment by Powerex, or twelve (12) months from the documented date
of startup, or ve thousand (5,000) hours of use, whichever occurs rst. During such warranty period, Powerex shall be fully liable for all Defects in the Products
(the “Product Defects”), i.e., all costs of repair or replacement, which may include“inandout” charges, so long as the Products are located in the United States or
Canada, and the Products are reasonably located and accessible by service personnel for removal.“In and out” charges include the costs of removing a Product
from buyer’s equipment for repair or replacement.
(ii) Premium Period of Warranty – Parts and Labor - In order to be eligible for premium warranty coverage, a premium warranty for each system must be
purchased when order is placed. Powerex warrants and represents all Products shall be free from Defects for the rst thirty (30) months from the date of shipment
by Powerex, or twenty-four (24) months from the documented date of startup, or seven thousand ve hundred (7,500) hours of use, whichever occurs rst.
During such warranty period, Powerex shall be fully liable for all Defects in the Products (the “Product Defects”), i.e., all costs of repair or replacement, which may
include “in and out” charges, so long as the Products are located in the United States or Canada, and the Products are reasonably located and accessible by service
personnel for removal.“In and out” charges include the costs of removing a Product from buyer’s equipment for repair or replacement.
(c) Additional Period of Warranty – Parts Only (No Labor). In addition to the above, Powerex warrants each Powerex branded Compressor Air- End and Vacuum
Pump shall be free of Defects for a period of forty-two (42) months from the date of shipment by Powerex, or thirty-six (36) months from the documented date of
startup, or ten thousand (10,000) hours of use, whichever occurs rst. Supplier’s repair or replacement of any Product shall not extend the period of any warranty of
any Product. This warranty applies to the exchange of part(s) found to be defective by an Authorized Powerex Service Representative only.
(d) Replacement Pumps – Parts Only (No Labor). For any replacement Air-End or Vacuum Pumps installed on a Powerex manufactured system or unit after
any initial warranty period has expired or where another warranty does not apply for any reason, Powerex warrants that the Air-End or Vacuum Pumps shall be
free of Defects for a period of thirty-six (36) months from the date of shipment by Powerex or ten thousand (10,000)hours of use, whichever comes rst. For any
replacement Air-End or Vacuum Pumps installed on a system that was not manufactured by Powerex after any initial warranty period has expired or where another
warranty does not apply for any reason, Powerex warrants that the Air-End or Vacuum Pumps shall be free of Defects for the rst twelve (12) months from the date
of shipment by Powerex. Supplier’s repair or replacement of any Product shall not extend the period of any warranty of any Product. This warranty applies to the
exchange of part(s) found to be defective by an Authorized Powerex Service Representative only.
(e) Replacement Motors – Parts Only (No Labor). For any replacement motor installed on a Powerex manufactured system or unit after any initial warranty period
has expired or where another warranty does not apply for any reason, Powerex warrants that the replacement motor shall be free of Defects for the rst twelve (12)
months from the date of shipment by Powerex. For any replacement motor installed on a system or unit that was not manufactured by Powerex after any initial
warranty period has expired or where another warranty does not apply for any reason, Powerex warrants that the replacement motor shall be free of Defects for
the rst ninety (90) days from the date of shipment by Powerex. Supplier’s repair or replacement of any Product shall not extend the period of any warranty of any
Product. This warranty applies to the exchange of part(s) found to be defective by an Authorized Powerex Service Representative only.
(f) Replacement Parts – Parts Only (No Labor). For other replacement parts besides motors, Air-End or Vacuum Pumps installed on a Powerex manufactured
system or unit after any initial warranty period has expired or where another warranty does not apply for any reason, Powerex warrants that such replacement
parts will be free from Defects for the rst twelve (12) months from the date of shipment by Powerex. For other replacement parts besides motors, Air-End or
Vacuum Pumps installed on a system or unit that was not manufactured by Powerex after any initial warranty period has expired or where another warranty does
not apply for any reason, Powerex makes no warranties. Supplier’s repair or replacement of any Product shall not extend the period of any warranty of any Product.
This warranty applies to the exchange of part(s) found to be defective by an Authorized Powerex Service Representative only.
(g) Coverage. The warranty provided herein applies to Powerex manufactured units or systems only.
(h) Exceptions. Notwithstanding anything to the contrary herein, Powerex shall have no warranty obligations with respect to Products:
(i) that have not been installed in accordance with Powerex’s written specications and instructions;
(ii) that have not been maintained in accordance with Powerex’s written instructions;
(iii) that have been materially modied without the prior written approval of Powerex; or
(iv) that experience failures resulting from operation, either intentional or otherwise, in excess of rated capacities or in an otherwise improper manner.
(i) The warranty provided herein shall not apply to:
(i) any defects arising from corrosion, abrasion, use of insoluble lubricants, or negligent attendance to or faulty operation of the Products;
(ii) ordinary wear and tear of the Products;
(iii) defects arising from abnormal conditions of temperature, dirt or corrosive matter; or
(iv) any OEM component which is shipped by Powerex with the original manufacturer’s warranty, which shall be the sole applicable warranty for such
component.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL POWEREX BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTAL, PUNITIVE, SPECULATIVE OR INDIRECT LOSSES OR DAMAGES WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO ANY OF THE PRODUCTS OR GOODS SOLD OR AGREED TO BE SOLD BY POWEREX TO BUYER. TO THE EXTENT