766788 prioAir OIPM

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Systemair Inc. warrants to the original purchaser that our
products will be free from defects in material and
workmanship for a period of five (5) years from the date of
shipment. THIS IS OUR SOLE AND EXCLUSlVE PRODUCT
WARRANTY AND IS IN LIEU OF AND EXCLUDES ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION
OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN
DISCLOSED TO US IN SPECIFICATIONS, DRAWINGS DR
OTHERWISE, AND WHETHER OR NOT OUR PRODUCTS ARE
SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY US FOR
PURCHASER’S USE OR PURPOSE.
This warranty does not cover any losses or damages due to
misuse, accident, abuse, neglect, normal wear and tear,
negligence [other than ours), unauthorized alteration, use
beyond rated capacity, or improper installation, maintenance
or application. This warranty shall be null and void to the
extent that purchaser supplied incorrect information to us
about the necessary product specifications or the
environment in which the products were to be used, and our
selection or design of the products for the purchaser was
based in part on such information.
If within thirty (30) days after purchaser’s discovery of any
warranty defects within the warranty period, purchaser
notifies us thereof in writing, we shall, at our option, repair,
correct or replace F.O.B. point of manufacture, or refund the
purchase price for, the products that we have found to be
defective. Failure by purchaser to give such written notice
within the 30-day time period shall be deemed an absolute
and unconditional waiver of purchaser’s claim for such
defects. Products repaired or replaced shall be covered by
this warranty for the remainder of the original warranty
period or ninety (90) days from the date of shipment,
whichever is longer.
Warranty claims should be sent to Systemair, Inc.,
Attn: Quality Department, 10048 Industrial Blvd., Lenexa, KS
66215.
Included in the claim should be Order Number, Model
Numbers, Serial Numbers and a detailed description of the
issues.
Purchaser assumes all other responsibility for any loss,
damage or injury to persons or property arising out of the
use of our products, either alone or in combination with
other products or components.
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY
WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR,
CORRECTION OR REPLACEMENT, OR REFUND OF THE
PURCHASE PRICE UNDER THE PRECEDING PARAGRAPH
ENTITLED “LIMITED WARRANTY”. SYSTEMAIR VENTILATION
PRODUCTS SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS
OF THE FORM OF THE CLAIM OR CAUSE OF ACTION, SHALL
OUR LIABILITY TO PURCHASER AND/OR ITS CUSTOMERS
EXCEED THE PRICE PAID BY PURCHASER FOR THE SPECIFIC
PRODUCT PROVIDED BY US THAT GAUE RISE TO THE CLAIM
OR CAUSE OF ACTION. PURCHASER AGREES THAT IN NO
EVENT SHALL OUR LIABILITY TO PURCHASER AND/OR ITS
CUSTOMERS EXTEND TO INCLUDE INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES.
The term “consequential damages” shall include, but not be
limited to, loss of anticipated profits, business interruption,
loss of use or revenue, cost of capital, or loss or damage to
property or equipment. It is expressly understood that any
technical advice furnished by us with respect to the use of
our products is given without charge, and we assume no
obligation or liability for the advice given, or results obtained,
all such advice being given and accepted.
Systemair products are designed and manufactured to
provide reliable performance, but they are not guaranteed to
be 100% free from defects. Even reliable products will
experience occasional failures and this possibility should be
recognized by the user. If these products are used in a life
support ventilation system where failure could result in loss
or injury, the user should provide adequate backup
ventilation, supplementary natural ventilation, failure alarm
system, or acknowledge willingness to accept the risk of
such loss or injury.
Warranty
Warning
Limitation of Warranty and Liability