EBARA ENZX - Manual (Page 24)

Ebara Submersible Slurry Pump ENZX
Operating, Installation and Maintenance
Warranty – all specifications subject to change without notice.
Ebara Fluid Handling
www.pumpsebara.com 24
(803) 327-5005 • (803) 327-5097 (fax) rev. 03/14
Ebara International Corporation
1651 Cedar Line Drive
Rock Hill, SC 29730
STANDARD CONDITIONS OF SALE
These STANDARD CONDITIONS OF SALE (“Conditions”) exclusively define the contractual relationship between EBARA INTERNATIONAL COR-
PORATION (“EIC”) and the Purchaser, and no terms proposed by the Purchaser in conflict with or additional to these Conditions shall become a part of
the contract of sale unless expressly accepted in writing by EIC. Any EIC proposal to which these Conditions are attached shall be for information purposes
only, and Purchaser’s order is subject to acceptance and acknowledgment by EIC as the supplier of the equipment ordered in accordance with these con-
ditions.
TERMS OF PAYMENT
Terms of Payment for any order based on these Conditions shall be included in the EIC Proposal of which these Conditions are a part.
PRICE ADJUSTMENT
The price clauses applicable to the contract of sale of which these Conditions are a part are included in the EIC Proposal and are based on the proposed
shipping date of the equipment cited. In the event of delays in release to manufacture or in shipment for any reason, the contract price shall be adjusted to
the price in effect at the time of shipment. Some equipment to be provided hereunder which is not manufactured by EIC (“Other Equipment”) may be
subject to different pricing adjustment policies than those stated for the EIC-manufactured equipment (“EIC Products”), which Other Equipment shall be
identified in the Proposal of which these Conditions are a part and which shall be incorporated in the contract.
I. WARRANTY, REMEDY, DISCLAIMER
EIC warrants for a period of twelve months from the date of initial startup or eighteen months from the date of shipment, whichever shall first occur (the
“Warranty Period”) the EIC Products to be delivered hereunder against defects in material and workmanship, under normal use and service when installed,
used and maintained in accordance with instructions supplied by EIC. This is EIC’s sole and exclusive warranty. It applies only to EIC Products and
specifically excludes Other Equipment, whether or not such Other Equipment is included in EIC’s scope of supply hereunder. Such Other Equipment is
warranted only by its manufacturer. If such a defect appears in EIC Products within the Warranty Period and Purchaser has given EIC immediate written
notice of same, EIC will either repair the part, or at its option replace the part, by shipping a similar part F.O.B. EIC’s shipping point, or at its option
refund an equitable portion of the purchase price. EIC may require the return of the defective part, transportation prepaid, to establish the claim. All costs
of removal, reinstallation, field labor and transportation shall be borne by the Purchaser. No allowance will be made for repairs without EIC’s written
consent or approval, and the Warranty Period shall not be suspended upon stopping operation for warranty repairs, nor recommence upon completion of
the warranty repairs, but shall run continuously from commencement until normal expiration. Repair parts shall carry no greater warranty than the
remaining balance of the underlying EIC Product into which they may be installed, expiring at the same time as said underlying warranty.
Any descriptions of the EIC Products or Other Equipment, any specifications, and any samples, models, bulletins, or similar material used in connection
with this sale are for the sole purpose of identifying the said Equipment and are not to be construed as express or implied warranties. Unless during the
warranty period all repairs or replacements or parts or components for EIC Products are with EIC-approved parts or components, and all warranty service is
performed by EIC or its authorized distributor or representative, the warranty responsibility of EIC shall immediately terminate.
EIC MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY EIC AND EXCLUDED FROM THESE
CONDITIONS. The Purchaser’s sole and exclusive remedy, whether upon warranty, contract or tort, including negligence, will be to proceed under this
warranty. All liability of EIC shall terminate no later than the expiration of the Warranty Period.
_N.B.: If the Equipment being sold hereunder is designated “Municipal: Permanent Installations,” there is attached hereto, incorporated by
reference herein and made a part hereof, as Attachment A., EIC’s “5 Year (10,000 Hour) Pump Warranty” (hereinafter, “Municipal Warranty”). Said Mu-
nicipal Warranty replaces and supersedes in its entirety this Warranty, Remedy, Disclaimer Paragraph I. All other terms and conditions of these STANDARD
TERMS AND CONDITIONS OF SALE remain unchanged.
II. INSPECTIONS, TESTS
Any Purchaser inspections or shop testing of EIC Product at EIC’s facilities prior to its shipment must be authorized by EIC in writing at least ten (10)
days prior to such inspection, and shall be subject to EIC’s manufacturing cycle availability and facility security requirements. Field testing of EIC
Products may be conducted by Purchaser to confirm mechanical compatibility of the EIC Product and that there has been no damage in transit, but
compliance with specifications shall be conclusively established by shop tests at EIC’s facilities.
III. LIMITATION OF LIABILITY
EIC shall not in any event be liable for special, indirect, incidental or consequential damages, including liquidated damages in any amount. EIC’s
liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from a contract based on these
Conditions, or the performance or breach thereof, or the design, manufacturer, sale, delivery, resale, installation, technical direction of installation, in-
spection, repair, operation or use of any EIC Products covered by or furnished hereunder shall in no case exceed the price paid by the Purchaser for the
Equipment. EIC also disclaims liability, whether in contract, tort, warranty or otherwise, to any party other than Purchaser, and EIC’s sole
responsibilities with respect to Other Equipment furnished hereunder shall be to ensure mechanical compatibility of EIC Equipment with the Other Equip-
ment and to pass through to the Purchaser whatever warranty the Other Equipment manufacturer has provided to EIC.