Limited Warranty; Disclaimer Of Warranty; Exclusive Remedy For Warranty Claims; Limitation Of Remedies - Marco DUSTMASTER Operator's Manual

28,000 cfm tier 4 diesel dust collectors
Table of Contents

Advertisement

ADDITIONAL
TECHNICAL DATA
The associations listed
below offer information,
materials and videos
pertaining to abrasive
blasting and safe
operating practices.
• American Society
for Testing and
Materials (ASTM)
100 Barr Harbor Drive
West Conshohockon,
PA 19428-2959
Phone: (610) 832-9585
FAX: (610) 832-9555
www.astm.org
• Occupational
Safety & Health
Administration (OSHA)
United States
Department of Labor
200 Constitution Avenue
Washington, DC 20210
Phone: (800) 321-OSHA
(800) 321-6742
www.osha.gov
• The National Board
of Boiler & Pressure
Vessel Inspectors
1055 Crupper Avenue
Columbus, Ohio 4322
Phone: (614) 888-8320
FAX: (614) 888-0750
www.nationalboard.org
• National Association
of Corrosion Engineers
(NACE)
1440 South Creek Drive
Houston, TX 77084-4906
Phone: (281) 228-6200
FAX: (281) 228-6300
www.nace.org
• The Society
for Protective
Coatings (SSPC)
40-24th Street, 6th Floor
Pittsburgh, PA 15222-4656
Phone: (412) 281-2331
FAX: (412) 281-9992
www.sspc.org
• American National
Standards Institute
(ANSI)
1899 L Street, NW, 11th Floor
Washington, DC 20036
Phone: (202) 293-8020
FAX: (202) 293-9287
www.ansi.org

LIMITED WARRANTY

Seller warrants to the original purchaser that the Product covered by this Limited Warranty will remain free from
defects in workmanship or material under normal commercial use and service for a period of one year from the
date of shipment to the original Purchaser. This Warranty shall not apply to defects arising, in whole or in part,
from any accident, negligence, alteration, misuse or abuse of the Product, operation of the Product which is not
in accordance with applicable instructions or manuals or under conditions more severe than, or otherwise
exceeding, those set forth in the written specifications for the Product, nor shall this Warranty extend to repairs or
alterations of the Product and/or any maintenance part by persons other than Seller or Seller's authorized
representatives. This warranty does not apply to accessory items. Further, this Warranty does not apply to
damage or wear to the surface finish or appearance of the Product or normal wear and tear to the Product. This
Warranty is limited to a purchaser who purchases the Product either directly from the Seller or from one of
Seller's "Authorized Distributors". An Authorized Distributor is a Seller approved distributor that purchases the
Product directly from the Seller for the sole purpose of re-selling the Product at retail, without any use or
modifications whatsoever, to an end-purchaser. This warranty is specifically non-assignable and non-transferable.

DISCLAIMER OF WARRANTY

The foregoing Limited Warranty is exclusive and is in lieu of all other warranties, whether oral or written and
whether express, implied, or statutory. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXCLUDED AND ARE INAPPLICABLE TO
THE PRODUCT. Seller makes no warranties or representations of any kind concerning respirators, or equipment
made by other manufacturers. Seller's agents and representatives are not authorized to offer any further
warranties.

EXCLUSIVE REMEDY FOR WARRANTY CLAIMS

THE SOLE AND EXCLUSIVE REMEDY UNDER THE FOREGOING LIMITED WARRANTY, AND TO THE EX-
TENT PERMITTED BY LAW, ANY WARRANTY OR CONDITION IMPLIED BY LAW, COVERING THIS PROD-
UCT SHALL BE, AT THE SELLER'S OPTION, THE REPAIR OR REPLACEMENT, FREE OF CHARGE, F.O.B.
POINT OF MANUFACTURE, OF ANY DEFECTIVE PART OR PARTS OF THE PRODUCT THAT WERE MANU-
FACTURED BY SELLER, AND WHICH ARE RETURNED TO SELLER AT SELLER'S PRINCIPAL PLACE OF
BUSINESS , POSTAGE PREPAID BY THE PURCHASER. THIS SOLE AND EXCLUSIVE REMEDY IS CON-
DITIONED UPON PURCHASER'S PROMPT WRITTEN NOTICE TO SELLER AT SELLER'S PLACE OF BUSI-
NESS THAT A DEFECT HAS BEEN DISCOVERED, TOGETHER WITH A REASONABLY DETAILED DESCRIP-
TION OF THE DEFECT IN THE PRODUCT, PROOF OF PURCHASE OF THE PRODUCT, AND THE MODEL
AND IDENTIFICATION NUMBER OF THE PRODUCT WITHIN THIRTY (30) DAYS AFTER DISCOVERY OF THE
DEFECT, OTHERWISE SUCH CLAIMS SHALL BE DEEMED WAIVED. NO ALLOWANCE WILL BE GRANTED
FOR ANY REPAIRS OR ALTERATIONS MADE BY PURCHASER OR OTHERS WITHOUT SELLER'S PRIOR
WRITTEN CONSENT. IF SUCH NOTICE IS TIMELY GIVEN, SELLER WILL HAVE THE OPTION TO EITHER
MODIFY THE PRODUCT OR COMPONENT PART THEREOF TO CORRECT THE DEFECT, REPLACE THE
PRODUCT OR PART WITH COMPLYING PRODUCTS OR PARTS, OR REFUND THE AMOUNT PAID FOR
THE DEFECTIVE PRODUCT, ANY ONE OF WHICH WILL CONSTITUTE THE SOLE LIABILITY OF SELLER
AND FULL SETTLEMENT OF ALL CLAIMS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY OBLIGATION
GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT UNDER THIS WARRANTY. PUR-
CHASER SHALL AFFORD SELLER PROMPT AND REASONABLE OPPORTUNITY TO INSPECT THE PROD-
UCT FOR WHICH A CLAIM IS MADE. THE SOLE PURPOSE OF THE FOREGOING STIPULATED EXCLUSIVE
REMEDY SHALL BE TO REPAIR OR REPLACE DEFECTIVE PRODUCTS OR COMPONENTS THEREOF, OR
TO REFUND PURCHASER THE PURCHASE PRICE THEREOF. THIS STIPULATED EXCLUSIVE REMEDY
SHALL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS SELLER IS WILL-
ING AND ABLE TO REPAIR OR REPLACE THE DEFECTIVE PARTS OR REFUND THE PURCHASE PRICE IN
ACCORDANCE WITH THE TERMS HEREOF. PRODUCTS THAT HAVE BEEN REPAIRED OR REPLACED UN-
DER THIS WARRANTY DO NOT RECEIVE A NEW WARRANTY AND ARE ONLY COVERED BY THE REMAIN-
ING PORTION OF THE ORIGINAL WARRANTY.

LIMITATION OF REMEDIES

The foregoing stipulated exclusive remedy is in lieu of all other remedies for breach of contract, warranty, and/or
tort or otherwise. Seller shall not be liable, either directly or indirectly, for any consequential, incidental or special
losses or damages of Purchaser, including but not limited to the Purchaser's expenses for downtime or for making
up downtime, damages for which the Purchaser may be liable to other persons and/or entities, damages to prop-
erty, and injury to or death of any persons and/or any claims for incidental or consequential damages, including
but not limited to loss of profits, regardless of whether Seller has been informed of the possibility of such dam-
ages. Seller neither assumes, nor authorizes any person to assume for it, any other liability in connection with the
sale or use of any Products covered by the foregoing Warranty and Disclaimers, and there are no oral agreements
relating to remedies which are collateral to or which affect this limitation.
Dustmaster
28,000 CFM Tier 4 Diesel Dust Collectors
®
34

Advertisement

Table of Contents
loading

Table of Contents