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ENERPAC Warranty Policy
For those ENERPAC items sold as part of the Parker Parflex
Division product offering, the following warranty applies.
ENERPAC products are warranted to be free of defects in
materials and workmanship under normal use for as long
as they are owned by the original purchaser, subject to
the exclusions and limitations described below. This war-
ranty does not cover ordinary wear and tear, overloading,
alterations, (including repairs or attempted repairs by
parties other than ENERPAC or its authorized service repre-
sentatives),improper fluid, use in a manner for which they
are not intended or use which is contrary to instructions for
the products.
THIS WARRANTY IS LIMITED TO NEW PRODUCTS SOLD
THROUGH ENERPAC AUTHORIZED DISTRIBUTORS,
ORIGINAL EQUIPMENT MANUFACTURERS OR OTHER
DESIGNATED CHANNELS OF DISTRIBUTION. NO
AGENT, EMPLOYEE, OR OTHER REPRESENTATIVE OF
ENERPAC HAS THE AUTHORITY TO IN ANY WAY
CHANGE OR AMEND THIS WARRANTY.
Electronic products and components are warranted
against defects in material and workmanship for a period
of two years from the date of purchase. The following items
supplied with ENERPAC products are excluded from
this warranty:
• Components not manufactured by ENERPAC, including
air motors, electric motors, gasoline engines, and diesel
engines. Such items are warranted to the extent of the
warranty provided by the manufacturers of such items.
If the customer believes a product is defective, the product
must be delivered, or shipped freight prepaid, to the nearest
ENERPAC Authorized Service Center. The customer should
contact ENERPAC to locate an Authorized Service Center
Enerpac supplies the following MiniKrimp
crimper components to Parflex:
TM
MiniKrimp
Component
™
Part Number
Description
94C-001-PFD
Cylinder
Hand Pump
94C-002-PFD
Cylinder
Air/Hydraulic Pump
If you need more information or further assistance, please contact:
Technical Services Department, Parker Hannifin Corporation, Parflex Devision
Phone: (330) 298-4066 or (330) 296-2871, Fax: (330) 296-2871
All other MiniKrimp™ components can be purchased directly from Parflex. Contact the Parflex Division at
www.parker.com/parflex, or phone 1.330.296.2871.
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in the customer's area. Products that do not conform to
this warranty will be returned by ground transportation,
freight prepaid.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS
IN LIEU OF ALL OTHER EXPRESS AND IMPLED
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
The remedy of repair, replacement or refund is customer's
exclusive remedy in the event of breach of this warranty.
SELLER SHALL NOT BE SUBJECT TO AND DISCLAIMS:
(a) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING
OUT OF BREACH OF CONTRACT OR OF WARRANTY.
(b) ANY OBLIGATIONS WHATSOEVER ARISING FROM
TORT CLAIMS (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR ARISING UNDER THEORIES
OF LAW WITH RESPECT TO PRODUCTS SOLD OR
SERVICES RENDERED BY SELLER OR ANY UNDER-
TAKINGS, ACTS OR OMISSIONS RELATING THERE-
TO, AND
(c) ALL CONSEQUENTIAL, INCIDENTAL AND
CONTINGENT DAMAGES WHATSOEVER.
ENERPAC's liability in all cases is limited to, and shall not
exceed, the purchase price paid.
For the nearest authorized ENERPAC SERVICE CENTER,
please call ENERPAC at 800-558-0530 or visit the ENERPAC
WEB SITE at www. Enerpac.com.
PARFLEX
ENERPAC
Component
Component
Part Number
Part Number
015303
RSM301U001
015301
P142
015303
RSM301U001
025399
025399
Offer of Sale
MiniKrimp™ Crimping Machine and Accessories
The items described in this document and other documents or descriptions provided by Parker Hannifin Corporation, its subsidiaries and its authorized
distributors are hereby offered for sale at prices to be established by Parker Hannifin Corporation, its subsidiaries and its authorized distributors. This
offer and its acceptance by any customer ("Buyer") shall be governed by all of the following Terms and Conditions. Buyer's order for any such item,
when communicated to Parker Hannifin Corporation, its subsidiary or an authorized distributor ("Seller") verbally or in writing, shall constitute
acceptance of this offer.
1. Terms and Conditions of Sale: All descriptions, quotations, proposals, offers,
acknowledgments, acceptances and sales of Seller's products are subject to and shall
be governed exclusively by the terms and conditions stated herein. Buyer's accept-
ance of any offer to sell is limited to these terms and conditions. Any terms or con-
ditions in addition to, or in consistent with those stated herein, proposed by Buyer in
any acceptance of an offer by Seller, are hereby objected to. No such additional,
different or inconsistent terms and conditions shall become part of the contract be-
tween Buyer and Seller unless expressly accepted in writing by Seller. Seller's accept-
ance of any offer to purchase by Buyer is expressly conditioned upon Buyer's assent
to all the terms and conditions stated herein, including any terms in addition to, or in
consistent with those contained in Buyer's offer. Acceptance of Seller's products shall
in all events constitute such assent.
2. Payment: Payment shall be made by Buyer net 30 days from the date of delivery of the
items purchased hereunder. Amounts not timely paid shall bear interest at the rate of
1-1/2% for each month or a portion thereof that Buyer is late in making payment. Any
claims by Buyer for omissions or shortages in a shipment shall be waived unless Seller
receives notice thereof within 30 days after Buyer's receipt of the shipment.
3. Delivery: Unless otherwise provided on the face hereof, delivery shall be made F.O.B.
Seller's plant. Regardless of the method of delivery, however, risk of loss shall pass to
Buyer upon Seller's delivery to a carrier. Any delivery dates shown are approximate
only and Seller shall have no liability for any delays in delivery.
4. Warranty: Seller warrants that the items sold hereunder shall be free from defects in
materials or workmanship for a period of 365 days from the date of shipment to Buyer,
or 2,000 hours of use, whichever expires first. THIS WARRANTY COMPRISES THE
SOLE AND ENTIRE WARRANTY PERTAINING TO ITEMS PROVIDED HEREUNDER.
SELLER MAKES NO OTHER WARRANTY, GUARANTEE, OR REPRESENTATION OF
ANY KIND WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT
LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE, WHETHER
EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR
COURSE OF DEALING ARE HEREBY DISCLAIMED.
NOTWITHSTANDING THE FOREGOING, THERE ARE NO WARRANTIES WHAT SO
EVER ON ITEMS BUILT OR ACQUIRED WHOLLY OR PARTIALLY, TO BUYER'S
DESIGNS OR SPECIFICATIONS.
5. Limitation Of Remedy: SELLER'S LIABILITY ARISING FROM OR IN ANY WAY
CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT SHALL BE LIMITED
EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ITEMS SOLD, OR REFUND
OF THE PURCHASE PRICE PAID BY BUYER, AT SELLER'S SOLE OPTION. IN NO
EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT
NOT LIMITED TO LOST PROFITS ARISING FROM OR IN ANY WAY CONNECTED
WITH THIS AGREEMENT OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED
TO ARISE FROM BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR
IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO WARN
OR STRICT LIABILITY.
6. Changes, Reschedules and Cancellations: Buyer may request to modify the designs
or specifications for items sold hereunder as well as the quantities and delivery dates
thereof, or may request to cancel all or part of an order, however, no such requested
modification or cancellation shall become part of the contract between Buyer and
Seller unless accepted by Seller in a written amendment to this Agreement. Accept-
ance of any such requested modification of cancellation shall be at Seller's discretion,
and shall be upon such terms and conditions as Seller may require.
7. Special Tooling: A tooling charge may be imposed for any special tooling, including
without limitation, dies, fixtures, molds and patterns, acquired to manufacture items
sold pursuant to this contract. Such special tooling shall be and remain Seller's
property notwithstanding payment of any charges therefor by Buyer. In no event
will Buyer acquire any interest in apparatus belonging to Seller which is utilized in
the manufacture of the items sold hereunder, even if such apparatus has been
specially converted or adapted for such manufacture and not with standing any
charges paid by Buyer therefor. Unless otherwise agreed, Seller shall have the right to
alter, discard or otherwise dispose of any special tooling or other property in its sole
discretion at any time.
8. Buyer's Property: Any designs, tools, patterns, materials, drawings, confidential
information or equipment furnished to Seller by Buyer, or any other items which
13
become Buyer's property, may be considered obsolete and may be destroyed by
Seller after two (2) consecutive years have elapsed without Buyer placing an order
for the items which are manufactured using such property. Seller shall not be
responsible for any loss or damage to such property while it is in Seller's possession
or control.
9. Taxes: Unless otherwise indicated, all prices and charges are exclusive of excise,
sales, use, property, occupational or like taxes which may be imposed by any taxing
authority upon the manufacture, sale or delivery of the items sold hereunder. If any
such taxes must be paid by Seller, or if Seller is liable for the collection of such tax,
the amount thereof shall be in addition to the amounts for the items sold. Buyer
agrees to pay all such taxes or to reimburse Seller therefor upon receipt of its
invoice. If Buyer claims exemption from any sales, use or other tax imposed by any
taxing authority, Buyer shall save Seller harmless from and against any such tax,
as well as any interest or penalties thereon which may be assessed if the items are
held to be taxable.
10. Indemnity For Infringement of Intellectual Property Rights: Seller shall have
no liability for infringement of any patents, trademarks, copyrights, trade dress,
trade secrets or similar rights except as provided in this Part 10. Seller will defend
and indemnify Buyer against allegations of infringement of U.S. patents, U.S.
trademarks, copyrights, trade dress and trade secrets (hereinafter 'Intellectual
Property Rights). Seller will defend at its expense and will pay the cost of any
settlement or damages awarded in an action brought against Buyer based on an
allegation that an item sold pursuant to this contract infringes the Intellectual
Property Rights of a third party. Seller's obligation to defend and indemnify Buyer is
contingent on Buyer notifying Seller within ten (10) days after Buyer becomes aware
of such allegations of infringement, and Seller having sole control over the defense
of any allegations or actions, including all negotiations for settlement or com-
promise. If an item sold hereunder is subject to a claim that it infringes the
Intellectual Property Rights of a third party, Seller may, at its sole expense and
option, procure for Buyer the right to continue using said item, replace or modify
said item so as to make it noninfringing, or offer to accept return of said item
and return the purchase price less a reasonable allowance for depreciation.
Notwithstanding the foregoing, Seller shall have no liability for claims of
infringement based on information provided by Buyer, or directed to items
delivered hereunder for which the designs are specified in whole or part by Buyer,
or infringements resulting from the modification, combination or use in a system of
any item sold hereunder. The foregoing provisions of this Part 10 shall constitute
Seller's sole and exclusive liability and Buyer's sole and exclusive remedy for
infringement of Intellectual Property Rights. If a claim is based on information
provided by Buyer or if the design for an item delivered hereunder is specified
in whole or in part by Buyer, Buyer shall defend and indemnify Seller for all costs,
expenses or judgements resulting from any claim that such item infringes any
patent, trademark, copyright, trade dress, trade secret or any similar right.
11. Force Majeure: Seller does not assume the risk of and shall not be liable for delay
or failure to perform any of Seller's obligations by reason of circumstances beyond
the reasonable control of Seller (hereinafter 'Events of Force Majeure). Events of
Force Majeure shall include without limitation, accidents, acts of God, strikes
or labor disputes, acts, laws, rules or regulations of any government or government
agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages
of materials and any other cause beyond Seller's control.
12. Entire Agreement/Governing Law: The terms and conditions set forth herein,
together with any amendments, modifications and any different terms or conditions
expressly accepted by Seller in writing, shall constitute the entire Agreement
concerning the items sold, and there are no oral or other representations or
agreements which pertain thereto. This Agreement shall be governed in all
respects by the law of the State of Ohio. No actions arising out of the sale of the
items sold hereunder or this Agreement may be brought by either party more than
two (2) years after the cause of action accrues. The items described in this document
are hereby offered for sale at prices to be established by Parker Hannifin
Corporation, its subsidiaries and its authorized distributors. This offer and its
acceptance by any customer ("Buyer") shall be governed by all of the following
Terms and Conditions. Buyer's order for any item described in this document,
when communicated to Parker Hannifin Corporation, its subsidiary or an
authorized distributor ("Seller") verbally or in writing, shall constitute acceptance
of this offer.
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