FloAire USI-FA - Manual (Page 7)

October 2004 613093
WARNING The Company products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of defects. Even reliable prod-
ucts will experience occasional failures and this possibility should be recognized by the Purchaser and all End Users. If these products are used in a life support ventilation sys-
tem where failure could result in loss or injury, the Purchaser and all End Users should provide adequate back-up ventilation, supplementary natural ventilation or failure alarm
system, or acknowledge willingness to accept the risk of such loss or injury.
WARNING DO NOT use in HAZARDOUS ENVIRONMENTS where fan’s electrical system could provide ignition to combustible or flammable materials unless unit is specifi-
cally built for hazardous environments. Comply with all local and national safety codes including the National Electrical Code (NEC) and National Fire Protection Act (NFPA).
CAUTION Guards must be installed when fan is within reach of personnel or within seven (7) feet (2.134 m) of working level or when deemed advisable for safety.
DISCLAIMER The Company has made a diligent effort to illustrate and describe the products accurately in all Company literature; however such illustrations and descriptions
are for the sole purpose of identification and do not express or imply any warranty.
TERMS AND CONDITIONS OF SALE
ACCEPTANCE All orders and sales are subject to
written approval and acceptance by an executive offi-
cer of the Company at Muskogee, Oklahoma, and are
not binding on the Company until so approved.
DELIVERY All shipping and delivery dates are esti-
mated only. No delays in delivery will subject the
Company to any costs, damages or fees for late deliv-
ery. Delivery of the products herein specified shall be
made F.O.B. point of shipment, unless otherwise
stated. The Company shall not be liable for delay due
to causes beyond its reasonable control, such as Acts
of God, acts of the purchaser, acts of civil or military
authorities, priorities, fires, strikes, floods, epidemics,
war, riots, delays in transportation, car shortages, and
inability, due to reasons beyond its reasonable control,
to obtain necessary labor, material, or manufacturing
facilities. In the event of such a delay, the date of deliv-
ery shall be extended for a period equal to the time lost
by reason of the delay.
TERMS OF PAYMENT If, in the judgment of the Com-
pany, the financial condition of the purchaser at any
time does not justify continuation of manufacture or
shipment on the terms of payment specified, the Com-
pany may require full or partial payment in advance.
Pro rata payments shall become due as shipments are
made. Each shipment or delivery shall constitute a
separate sale, and the default of any shipment or deliv-
ery shall constitute a separate sale, and the default of
any shipment or delivery shall not vitiate the contract
as to other shipments or deliveries.
PRICE ADJUSTMENT Prices are subject to change
until the Purchaser’s order has been accepted by the
Company.
SALES AND SIMILAR TAXES The Company’s prices
do not include sales, use, excise, or similar taxes.
Consequently, in addition to the price specified herein,
the amount of any present or future sales, use, excise,
or other similar tax applicable to the sale of the product
herein shall be paid by the Purchaser, or in lieu thereof
the Purchaser shall provide the Company with a tax
exemption certificate acceptable to the taxing authori-
ties.
CANCELLATION Any contract resulting from the Pur-
chaser’s order may be canceled by the Purchaser only
by negotiations and upon payments of reasonable can-
cellation charges which will take into account ex-
penses already incurred and commitments made by
the Company.
DESIGN CHANGES The Company reserves the right
to make changes in design, improvements and addi-
tions in and to its products any time without imposing
any liability or obligations to itself to apply or install the
same in any product manufactured by it.
TITLE The title and right of possession of the products
sold herein shall remain with the Company and such
products shall remain personal property until all
payments herein (including deferred payments
whether evidenced by notes or otherwise) shall have
been made in full in cash and the Purchaser agrees to
do all acts necessary to perfect and maintain such
right and title in the Company.
PRICE ADJUSTMENTS AND PROTECTION Prices
on products manufactured by the Company are firm for
shipment up to four months from the date of the origi-
nal order entry. Such prices are subject to adjustment
if shipment is made after four months and up to ten
months from the date of the original order entry, if
products are shipped ten months from the date of the
original order entry, prices will be adjusted to the price
in effect at the time of shipment automatically. All com-
plete component accessory material manufactured by
others and furnished with the Company’s products
such as motors, drives, vibration equipment, controls
or other completely assembled component structures,
are subject to adjustment to the price at time of ship-
ment regardless of the date of original order entry.
SAFETY ACCESSORIES The Company manufac-
tures products designed to serve multiple applications
and offers a wide range of safety equipment, including
guards and other devices, as may be required to meet
customer specifications. Without exception, the Com-
pany recommends that all orders include applicable
safety devices. Products ordered without applicable
safety devices is clearly the responsibility of the Pur-
chaser. Further, the Purchaser warrants that it has de-
termined and acquired any and all safety devices re-
quired for products sold by the Company. Weather
covers and guards for motor and V-belt drives, cou-
plings, shafts and bearings, along with inlet and outlet
screens, are optional accessories noted in the price
list.
GOVERNING LAW The rights, obligations and reme-
dies of Purchaser and the Company, the interpretation
of these terms and conditions and the sale of products
by the Company shall be governed by Oklahoma law,
without regard to any principles of conflict of laws.
ARBITRATION Any dispute arising under or in con-
nection with these terms and conditions or the sale of
products shall be settled by binding arbitration admin-
istered by the American Arbitration Association under
its Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator may be entered in
any court having jurisdiction thereof. The dispute shall
be resolved by one neutral arbitrator who shall have no
affiliation with either Purchaser or the Company and
shall be selected by the American Arbitration Associa-
tion office in Dallas, Texas. The arbitration proceed-
ings shall be held in Muskogee, Oklahoma.
APPLICABLE DOCUMENTS The agreement be-
tween the Company and the Purchaser relating to the
products includes these terms and conditions of sale,
any applicable installation and maintenance instruc-
tions provided by the Company and any terms appear-
ing on the Company’s quotation, sales order acknowl-
edgment and invoice.
LIMITED WARRANTY
WARRANTY AND DISCLAIMER: the Company ex-
tends this limited warranty to the original purchaser
and warrants that products supplied by the Company,
shall be free from original defects in workmanship and
materials for two years from date of shipment (except
for the warranty periods noted for products listed be-
low), provided same have been properly handled,
stored, installed, serviced, maintained and operated.
This warranty shall not apply to products which have
been altered or repaired without the Company’s ex-
press authorization, or altered or repaired in any way
so as, in the Company’s judgment, to affect its perfor-
mance or reliability, nor which have been improperly
installed or subjected to misuse, negligence, or acci-
dent, or incorrectly used in combination with other sub-
stances. The Purchaser assumes all risks and liability
for results of use of all products.
Evaporative cooling pads are warranted to be free of
defects in materials and workmanship for a period of
two years from date of shipment provided same have
been properly handled, stored, installed, serviced,
maintained and operated; and further, not subjected to
excessive heat, corrosive agents or chemicals, or me-
chanical abuse that may cause tearing, crushing or un-
due deterioration, nor used on a system or in a manner
other than that for which it was designed as explained
in the product literature.
The following products are warranted to be free of de-
fects in materials and workmanship for the periods
shown from date of shipment: the Company’s exclu-
sive duplex split pillow block bearings and shaft five
years, belts one year, Polyethylene tubing 90 days,
AIR40 Heater warranty one year, AIR40 Emitter war-
ranty three years and DDP fan lifetime warranty on its
propeller, cone, and housing.
LIMITATION OF REMEDY AND DAMAGES: All
claims under this warranty must be made in writing
and delivered to P. O. Box 978, Muskogee, Oklahoma,
74402, within 15 days after discovery of the defect and
prior to the expiration of two years from the date of
shipment by the Company of the product claimed de-
fective, and Purchaser shall be barred from any
remedy if Purchaser fails to make such claim within
such period.
Within 30 days after receipt of a timely claim, the Com-
pany shall have the option either to inspect the product
while in Purchaser's possession or to request Pur-
chaser to return the product to the Company at Pur-
chaser's expense for inspection by the Company. The
Company shall replace, or at its option repair, free of
charge, any product it determines to be defective, and
it shall ship the repaired or replacement product to
Purchaser F.O.B. point of shipment; provided, how-
ever, if circumstances are such as in the Company’s
judgment to prohibit repair or replacement to remedy
the warranted defects, the Purchaser's sole and exclu-
sive remedy shall be a refund to the Purchaser of any
part of the invoice price, paid to the Company, for the
defective product or part.
The Company is not responsible for the cost of re-
moval of the defective product or part, damages due to
removal, or any expenses incurred in shipping the
product or part to or from the Company’s plant, or the
installation of the repaired or replaced product or part.
The warranties set forth above do not apply to any
components, accessories, parts or attachments manu-
factured by other manufacturers; such being subject to
the manufacturer’s warranty, if any. To the extent not
prohibited by the manufacturer’s warranty, the Com-
pany shall pass through to Purchaser such manufac-
turer’s warranty.
THE COMPANY’S WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE, WHICH ARE HEREBY EX-
PRESSLY DISCLAIMED AND WAIVED. THIS WAR-
RANTY CONSTITUTES THE COMPANY’S SOLE
AND EXCLUSIVE WARRANTY FOR DEFECTIVE
GOODS AND PURCHASER’S SOLE AND EXCLU-
SIVE REMEDY FOR DEFECTIVE PRODUCTS.
No employee, agent, dealer, or other person is autho-
rized to give any warranties on behalf of the Company
or to assume for the Company any other liability in
connection with any of its products except in writing
and signed by an officer of the Company.
REPLACEMENT PARTS If replacement parts are or-
dered, purchaser warrants that the original compo-
nents in which these replacement parts will be placed
are in satisfactory working condition, and when said re-
placement parts are installed, the resultant installation
will operate in a safe manner, at speeds and tempera-
tures for which the original product was purchased.
TECHNICAL ADVICE AND RECOMMENDATIONS,
DISCLAIMER: Notwithstanding any past practice or
dealings or any custom of the trade, sales shall not in-
clude the furnishing of technical advice or assistance
or system design. Any such assistance shall be at the
Company’s sole option and may be subject to addi-
tional charge.
The Company assumes no obligation or liability on ac-
count of any recommendations, opinions or advice as
to the choice, installation or use of products. Any such
recommendations, opinions or advice are given and
shall be accepted at Purchaser's and End User's risk
and shall not constitute any warranty or guarantee of
such products or their performance.
LIMITATION OF LIABILITY The cumulative liability of
the Company to the Purchaser and any other persons
for all claims in any way relating to or arising out of the
products, including, but not limited to, any cause of ac-
tion sounding in contract, tort, or strict liability, shall not
exceed the total amount of the purchase price paid for
those products which are the subject of any such
claim. This limitation of liability is intended to apply
without regard to whether other provisions of this
agreement have been breached or have proven inef-
fective even if the Company has been advised of the
possibility of such claims or demands. In no event
shall the Company be liable to the Purchaser or any
other person for any loss of profits or any incidental,
special, exemplary, or consequential damages for any
claims or demands brought by the Purchaser or such
other persons.
INDEMNITY The Company’s maximum liability to Pur-
chaser and to any end user is as set forth above. The
Company makes no warranty to anyone for any prod-
ucts not manufactured by the Company and shall have
no liability for any use or installation of any products
(whether manufactured by the Company or other man-
ufacturers) not specifically authorized by this sale.
Purchaser acknowledges various warnings by the
Company regarding the products and its installation
and use. If the Company incurs any claims, lawsuits,
settlements, or expenses (including attorney fees) for
any loss, injury, death or property damage including,
but not limited to, claims arising out of the Purchaser’s
or any end user’s installation or use of the products,
the Purchaser shall indemnify and hold the Company
harmless.