Van Air Systems Mist Eliminator - Manual (Page 8)

PAGE 8 © 1998 VAN AIR SYSTEMS INC. 2950 MECHANIC STREET, LAKE CITY, PA 16423 PRINTED IN THE U.S.A.
SECTION 8 WARRANTY
I. INSTALLATION.
Unless otherwise set forth in a quotation and/or acknowledgment, Seller shall not be responsible
for installation. Cost of and all risks of damage to the equipment and/or components thereof caused
by installation shall be the sole responsibility of Buyer. If supervision of installation and/or
supervision of start up of the equipment is to be provided by Seller, Buyer shall assume all costs
incurred by Seller in furnishing supervision. If supervision of installation and/or supervision of start
up of the equipment is provided by Seller, Seller shall only be responsible for any loss or damage
growing out of a direct negligent act or acts of Seller’s supervisor.
SELLER SHALL NOT BE RESPONSIBLE FOR IMPROPER OPERATION OF THE EQUIPMENT
DUE TO FAULTY ERECTION OR INSTALLATION.
II. PERFORMANCE.
Seller shall have no responsibility for the performance of its Goods when installed under conditions
varying materially from those under which the product is usually tested or operated under existing
industry standards.
III. WARRANTY
All filter housings are guaranteed to be free from defective materials and workmanship for a period
of five (5) years from date of shipment when used in compressed air applications. This warranty
does not include elements, drain line components, hatch covers, gaskets, o-rings, or any other
types of seals, accessories or expendable items.
Elements for VME Series mist eliminators are warranted on a prorated basis against defective
materials and workmanship for a period of ten (10) years from date of shipment when used in
compressed air applications. The basis for prorating the life is as follows: years 1 through 5 - 100%;
year 6 - 50%; year 7 - 40%; year 8 - 30%; year 9 - 20%; year 10 - 10%.
The above warranties for all products described do not cover misapplication, modification,
neglect, lack of normal maintenance, or other exceptional circumstances.
Date of shipment will be defined as the date of departure from the factory or from distributor stock.
A copy of the distributor invoice to the customer at time of shipment is required as verification of
shipment from distributor stock Equipment start up will be verified by receipt of the warranty
registration card
Seller’s obligation under this warranty may, at its option, be discharged by refunding the price of,
or furnishing or repairing, without charge, FOB its factory, a similar part to replace any part of its
own manufacture which within the above specified periods, proves to have been defective, provided
that within a reasonable time for inspection after delivery, Seller is notified of such defects and the
equipment, material or part claimed to be defective is delivered pre-paid to Seller at Lake City,
Pennsylvania with evidence that it has been properly maintained and used in accordance with
instructions. If, in connection with such warranties, repairs are performed by the Buyer with the
written authorization of Seller, then the expense in connection with such repairs shall not exceed
the cost of material and direct labor If such repairs are performed by Buyer without the written
authorization of Seller. Seller will not assume any of the expenses in connection with such repairs
and will immediately void any remaining warranty on the Goods.
THE REPAIR OR REPLACEMENT WARRANTY HEREIN SET FORTH IS THE EXCLUSIVE
WARRANTY GIVEN BY SELLER FOR ITS GOODS. THIS WARRANTY IS GIVEN IN LIEU OF ANY
OR ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED. ANY AND
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE ARE HEREBY EXPRESSLY EXCLUDED BY SELLER. SELLER NEITHER ASSUMES,
NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF ANY OTHER
LIABILITY IN CONNECTION WITH THE SALE OF ITS GOODS.
IV. LIMITATIONS OF LIABILITIES AND INDEMNITIES.
IN NO CASE, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY
OR TORT (INCLUDING SELLER’S OR BUYER’S NEGLIGENCE OR STRICT LIABILITY) SHALL
SELLER BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED BY
BUYER, INCLUDING, BUT NOT LIMITED TO, LOSS OF SALES PROFIT, REVENUE, OR GOOD
WILL; LOSS OF USE OF GOODS OR ANY ASSOCIATED EQUIPMENT OR MATERIAL; COST OF
CAPITAL; COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES; DOWN TIME
COSTS; ATTORNEY’S FEES; OR LOSSES OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH
DAMAGES BUYER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS SELLER FROM
ANY AND ALL SUCH DAMAGES BUYER FURTHER AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS SELLER FROM ANY AND ALL CLAIMS, LIABILITY, DAMAGES OR EXPENSES
(INCLUDING ATTORNEY’S FEES) DUE TO PERSONAL INJURIES OR DEATH, TO BUYER, ITS
EMPLOYEES, AND THIRD PARTIES AND FROM PROPERTY DAMAGE RESULTING FROM THE
NEGLIGENCE OR STRICT LIABILITY OF BUYER NOT WITHSTANDING THE PROVISIONS OF
ANY WORKER COMPENSATION OR SIMILAR STATUTE
V. SERVICE, OPERATING PROCEDURE, WARNINGS.
Should Buyer request start up supervision by Seller, a maximum number of days required for this
supervision may be included and specified in the quotation and/or acknowledgment as a separate
price item. The specified days are only approximate, since start up, supervision is contingent upon
equipment and work supplied by others and beyond the control of Seller, and Seller shall be paid
for any days actually worked in addition to those specified on a pro-rata basis.
Start up supervision and warranty supervision and warranty service time will include all elapsed
time during the standard working hours, as defined by Seller, or Seller’s representative from the time
Seller’s representative leaves his operating base or another customer’s plant.
Where the service to be performed is start up supervision. Seller should be notified approximately
30 days prior to start up Seller’s representatives may be required to have standard time verification
sheets approved by Buyer’s authorized representative, and the name and title of this representative
should be furnished to Seller with the notification.
Unless set forth in the quotation and/or acknowledgment, Seller shall not be obligated to provide
special operating manuals or operating procedures for the operation of its equipment or supply
special warning placards to be affixed to the equipment. If such manuals, procedures or placards
are provided by Seller, Buyer shall be responsible for payment of cost of furnishing such items, for
instructing any operator of the equipment as to the contents of such manuals and/or procedures,
for requiring that such procedures be abided by, for insuring that warning placards remain affixed
to the equipment and for requiring operators to abide by warning placards.
Any safety equipment required to be worn by any operator or maintenance person shall be
provided by Buyer, and the failure to provide such equipment or the failure to require the use thereof
shall be the Buyer’s sole responsibility. Buyer shall indemnify and hold Seller harmless for any
liability with respect thereto.
Seller shall not be responsible for providing safety devices and/or guarding of the equipment
except as provided for in the quotation and/or acknowledgment, and Buyer specifically assumes all
responsibility for supplying such safety devices and/or guarding necessary for the safe operation
of the equipment. If safety devices and/or guarding are specified in the quotation and/or
acknowledgment, Buyer shall be solely responsible for making certain that any operator of the
equipment uses such safety devices and/or guarding and Buyer shall indemnify and hold Seller
harmless with respect to any property damage and/or personal injury, including death, occasioned
by any person by reason of such failure on the part of Buyer and/or its operator.
2950 Mechanic Street
Lake City, PA 16423-2095
Phone: 814/774-2631
Fax: 814/774-3482 MAKING COMPRESSED AIR AND GAS WORK BETTER SINCE 1944.