Text version of the page

Hartzell Warranty

LIMITED WARRANTIES

Hartzell represents to Buyer that any goods to be delivered hereunder will be produced in compliance with the requirements of the FairLabor Standards Act of 1938 as amended.Hartzell also warrants to Buyer its goods to be free from defects in workmanship and material under normal use and service for one (1) year after tender of delivery by Hartzell, plus six (6) months allowance for shipment to approved stocking dealers & distributors.No warranty extends to future performance of goods and any claims for breach of warranty or otherwise accrues upon tender of delivery.The foregoing constitute Hartzell’s sole and exclusive warranties in lieu of all other warranties, whether written, oral, express, impliedor statutory.

LIMITATION OF LIABILITY FOR BREACH OF WARRANTY

Hartzell’s obligation for any breach of warranty is limited to repairing or replacing, at its option, without cost to Buyer at its factory anygoods which shall, within such a warranty period, be returned to it with transportation charges prepaid, and which its examination shalldisclose to its satisfaction to have been defective.Any request for repair or replacement should be directed to Hartzell Fan, Inc., P.O.Box 919, Piqua, Ohio 45356.Hartzell will not pay for any repairs made outside its factory without its prior written consent.This doesnot apply to any such Hartzell goods which have failed as a result of faulty installation or abuse, or incorrect electrical connections oralterations, made by others, or use under abnormal operating conditions or misapplication of the goods.

LIMITATION OF LIABILITY

To the extent the above limitation of liability for breach of warranty is not applicable, the liability of Hartzell on any claim of any kind,including negligence, for any loss or damage arising out of or connected with, or resulting from the sale and purchase of the goods or services covered by these Terms and Conditions of Sale or from the performance or breach of any contract pertaining to such saleor purchase or from the design manufacture, sale, delivery, resale, installation, technical direction installation, inspection repair, operation or use of any goods or services covered by these Terms and Conditions shall, in no case exceed the price allocable to thegoods or services which gave rise to the claim and shall terminate one year after tender of delivery of said goods or services.In no event whether as a result of breach of contract, or warranty or alleged negligence, defects incorrect advice or other causes, shall Hartzell be liable for special or consequential damages, including, but not limited to, loss of profits or revenue, loss of use of theequipment or any associated equipment, cost of substitute equipment, facilities or services, down time costs, or claims of customersof the Buyer for such damages.Hartzell neither assumes nor authorizes any person to assume for it any other liability in connectionwith the sale of its goods or services. NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. HARTZELL DOES NOT WARRANT THAT SAID GOODS ARE OF MERCHANTABLE QUALITY OR THAT THEY ARE FIT FOR ANYPARTICULAR PURPOSE.THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY AND THERE IS NO IMPLIED WARRANTY OF FITNESS.
Propeller FansCooling Tower & Heat Exchanger FansDuct FansDuct Axial Fans Vaneaxial BlowersCool Blast & Utility FansSteel Centrifugal BlowersRoof Ventilators –Steel & Fiberglass Heating Equipment –Gas & SteamFiberglass Axial Flow FansFiberglass Centrifugal Blowers Marine – Mine Duty Blowers

Hartzell Fan,Inc.,Piqua,Ohio 45356 • Plants in Piqua,Ohio and Portland,Indiana. www.hartzellfan.com

Litho in U.S.A.A-120-N 8/06 3M