LEADER
 IN DESIGN

WARRANTIES

 

Thank you for your interest in Airtechnix. Airtechnix products and services are warranted as outlined in this section. Please read the following carefully and ensure acceptable prior to placing your order as these terms of warranties apply with every sale.

1.     DEFINITIONS. For the purpose of this Agreement, the following definitions shall apply:
(a) Airtechnix: Airtechnix Corporation
(b) Products: The equipment, parts, accessories and services to be sold by Airtechnix to Buyer and listed on the face hereof;
(c) Buyer: The person or entity listed on the face hereof that is purchasing the Products and such person's or entity's heirs, executors, administrators, successors by merger or consolidation, or permitted assigns.
(d)Warranty: Airtechnix limited warranty as outlined in this agreement.


2.     ORDER OF PRECEDENCE. Unless explicitly taken exception for in writing by Buyer in communication other than standard purchase order language prior to or along with placement of Buyer’s purchase order, this limited warranty shall take precedence over and supersede any additional or different warranty set forth in Buyer’s purchase order or other communication of Buyer, to which explicit notice of objection is given by Airtechnix denoting acceptance of Buyer’s purchase order is limited to this limited warranty and is expressly made conditional on Buyer's assent to this limited warranty. Acceptance by Buyer of the Products or any portion thereof shall be deemed to constitute Buyer's assent to warranty set forth herein. Neither Airtechnix’s commencement of performance nor delivery shall be deemed or construed as acceptance by Airtechnix of Buyer's additional or different warranty.


3.     LIMITATION. Except for as explicitly denoted, the warranty contained in this section is in lieu of and excludes all other warranties, expressed or implied, by operation of law or otherwise, including any implied warranty of merchantability or fitness for a particular purpose. Buyer’s sole and exclusive remedy on any claim of any kind for any loss or damage arising out of or in any way related to the manufacture, sale, delivery or use of the product shall be as provided herein and shall in no case exceed the lesser of the cost of repair or replacement. Airtechnix shall not be liable in contract or in tort to buyer or any other person for any special incidental or consequential damages with respect to Airtechnix’s obligations hereunder, such as, but not limited to, damage to, loss of, or loss of the use of other property or equipment, loss of profits or revenues or claims of buyer or customers of buyers for losses of any kind.


4.     DEFECTS IN MATERIALS AND WORKMANSHIP. Airtechnix warrants that the Products are free from defects in materials and workmanship. Upon notice of any defect in either material or workmanship, Airtechnix shall have the right to inspect the Products and to investigate all claims for the purpose of determining whether the Products are defective. If Airtechnix determines that the Products are indeed defective and thereby covered by this limited warranty, then Airtechnix shall, at its option, have the right either to repair or replace any defective Products. Airtechnix’s liability, and Buyer's exclusive remedy, for defective Products shall be limited solely to such repair or replacement. No Products shall be returned to Airtechnix without Airtechnix’s prior written consent.


5.     EFFECTIVENESS. The effectiveness of the warranty contained herein shall, with respect to any particular defect, be conditional upon (i) Buyer's substantiation that the Products have been stored, maintained and operated in accordance with such instructions as are given by Airtechnix to Buyer and with standard industry practice and have not been damaged as a result of negligence, improper installation, operation under other than that of intended use and/or improper handling or accident on the part of any person other than Airtechnix, and (ii) Buyer's payment of all invoices for the Products or other charges to which Airtechnix may be entitled, and (iii) Buyer's exclusive use of persons approved or authorized by Airtechnix to effect any repairs to the Products, and (iv) Buyer's substantiation that no modification or alteration of the Products have been made without the prior written consent of Airtechnix. Subject to the foregoing, the warranty contained herein shall remain in effect for 6 months from the date that the Products are shipped by Airtechnix, unless a different warranty period is stated on the face hereof.


6.     NOT TRANSFERABLE. Airtechnix limited warranty is non-transferable and non-assignable and may be enforced only by Buyer.


7.     PURCHASED ITEMS. Components of products produced by other manufacturers are warranted by Airtechnix only to the extent that such components are warranted by the manufacturer supplying such components to Airtechnix and to the extent that such warranty may be assigned by Airtechnix to Buyer.


8.     SOFWARE. Airtechnix gives no warranty whatsoever with respect to parts with a limited technical lifetime such as data discs and other types of media. If Airtechnix’s software is included in this Agreement, Airtechnix warrants that its software, which is designed for use with a particular hardware product, where properly installed, will not fail to execute its programmed instructions due to defects in materials and workmanship. If Airtechnix receives notice of a defect during the applicable warranty period, Airtechnix liability shall be strictly limited to repair or replacement of software media.


9.     PREVENTIVE MAINTENANCE. No preventive, regular or periodic maintenance of the Product is required to uphold the Product warranty. At user’s initiative preventive maintenance could be performed by greasing units through equipped grease nipples with a lithium based greasing compound free of contaminants and solid particles.


10.   MAINTENANCE. Maintenance by user other than as outlined, dismantling, alteration and or modification of units, controls or safety devices shall immediately void all Airtechnix warranty. All maintenance must be performed by Airtechnix personnel or customer personnel accredited or accepted by Airtechnix.


11.   ENDURANCE. Airtechnix warrants all power units sold under Airtechnix standard sales agreement or under an otherwise negotiated sales agreement explicitly denoting different terms, for trouble free operation for a lifetime of (5) million cycles when properly operated under the following conditions,
11.1 Units are operated under regulated air pressure not exceeding rated 100 PSI pressure free of sudden surges and fluctuations.
11.2 Actuating air is of high quality either lubricated or unlubricated but free of moisture, solid particles, contaminants and water condensate.
11.3 Units are operated under external loads consistent with rated maximum pressures published in standard Airtechnix sales and engineering literatures.
11.4 Working members of units are not subject to side loads exceeding 7% of rated maximum loads at points of minimum extension and 5% of rated maximum loads at points of maximum extension.
11.5 Units are not subject to alternation of masses exceeding 5% of the maximum rated unit effort.
11.6 Operation of units is free from unregulated and/or excessive shock loading.
11.7 Operation of units takes place in an environment free of corrosive and attacking elements.
11.8 Operation of units takes place within temperature limitation of 0 and 150 degrees Fahrenheit non condensing.


12.   PERFORMANCE. Products are warranted to achieve rated presentation strokes as well as rated efforts throughout entire lifetime. Product shall achieve published (5) million cycle life without loss in excess of 5% of rated power stroke for DSP Presses. PPC Power Cylinders are warranted for (5) Million cycles with no loss in power stroke.


13.   INTEGRATION. In the event that the Product is integrated by the Buyer, Airtechnix shall be relieved from any responsibility stemming from human and/or property damage resulting from i) inadequacy of Buyer’s safety devices, ii) improper installation and last iii) failure of Buyer to incorporate reasonably adequate safety provisions to protect personnel and equipment from damage stemming from potential Airtechnix Product failures.


14.   LIABILITY. Aside from outlined warranty, Airtechnix shall only be liable in event that clear evidence is present of gross negligence by Airtechnix. Any modification performed by Buyer to Airtechnix safety devices, aside from voiding Airtechnix Product warranty, shall immediately relieve Airtechnix from any liability stemming from any personal and/or equipment damage resulting from operation of Airtechnix Products.


15.   SAFETY. Airtechnix warrants safety of Products only when operated for intended use and rating as well as under conditions conforming to technical provisions outlined in this agreement in their entirety.


16.   RETURN OF MERCHANDISE. Airtechnix shall not accept any return of the Products unless previously authorized by Airtechnix in writing, whether under warranty or otherwise. Any returns other than under warranty will be subject to a reasonable restocking charge.


17.   APPLICABLE LAW. This Agreement shall be governed by and construed under the laws of the State of California applicable to contracts made and to be performed wholly with the State of California.


18.   JURISDICTION AND VENUE. Buyer hereby submits to the jurisdiction of the California courts for the resolution of any dispute arising directly or indirectly from this Agreement. The exclusive venue of any action, proceeding or dispute resolution procedure arising directly or indirectly from this Agreement shall be the Los Angeles County, California. Buyer waives any objection to venue in Los Angeles County, California, and waives any right to assert that the Los Angeles County, California is an inconvenient forum.


19.   ENTIRE AGREEMENT. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of its warranty terms. This writing supersedes any previous or contemporaneous communications, representations or agreements by either party whether verbal or written. No representations, understanding or agreements have been relied upon in making this Agreement other than as specifically set forth herein. This agreement can only be modified in a writing signed by the parties hereto.


20.   VALIDITY. Invalidation, annulment and/or determination that any  portions of this agreement are non applicable shall have no bearing whatsoever on the validity of the remainder of items comprising this document and warranty as otherwise outlined.


21.   ASSIGNMENT. No assignment of rights or transfer of obligations under this Agreement shall be made by Airtechnix or Buyer without the prior written consent of the other party, provided however, that Airtechnix may, without the consent of Buyer, assign its rights and transfer its obligations under this Agreement to any corporation which is a parent, subsidiary or affiliate of Airtechnix.

 

For all questions/concerns please use the following link to contact Airtechnix.


E-Mail Link:    sales@airtechnix.com