EVAPCO LMP Warranty

EVAPCO-LMP | EXPRESS WARRANTY

Applies to all EVAPCO-LMP Purity, Yellowstone and Crystal CO2 Products.

MANUFACTURER’S EXPRESS WARRANTY

EVAPCO-LMP warrants the unit identified above against failure caused by defects in materials and workmanship for a period of 12 months from startup or 18 months from the date of shipment by EVAPCO-LMP, whichever occurs first. Labor costs associated with any repair work performed under the terms of the warranty are NOT included within the warranty. Damage caused by misuse of the product, including without limitation failure to properly install or maintain the product, is NOT covered by the warranty. This warranty is predicated on unit operation and maintenance in accordance with EVAPCO-LMP’s recommended operation and maintenance procedures.

LIMITATION OF LIABILITY

THE SOLE REMEDY FOR BREACH OF THE EXPRESS WARRANTIES DESCRIBED HEREIN SHALL BE REPAIR OR REPLACEMENT OF THE EQUIPMENT BY EVAPCO-LMP OR REFUNDING THE PURCHASE PRICE SET FORTH ON THE PURCHASE ORDER. IT SHALL BE IN EVAPCO-LMP’S SOLE DISCRETION AS TO WHETHER REPAIR, REPLACEMENT OR REFUND IS THE OFFERED REMEDY. IF EVAPCO-LMP DECIDES TO MAKE REPAIRS, EVAPCO-LMP HAS THE OPTION OF COMPLETING ALL NECESSARY REPAIRS ITSELF OR AUTHORIZING A THIRD PARTY TO PERFORM SUCH REPAIRS AT EVAPCO-LMP’S EXPENSE. EVAPCO-LMP IS NOT RESPONSIBLE FOR ANY REPAIR WORK PERFORMED BY A THIRD PARTY THAT EVAPCO-LMP DID NOT PRE-APPROVE IN WRITING. EVAPCO-LMP IS ONLY RESPONSIBLE FOR COSTS THAT PERTAIN TO REPAIR OR REPLACEMENT OF EQUIPMENT SUPPLIED BY EVAPCO-LMP (i.e., EVAPCO-LMP IS NOT RESPONSIBLE FOR REPLACEMENT OR MODIFICATION OF PIPING, SUPPORTING STEEL, ELECTRICAL WIRING, MOTOR STARTERS OR “IN AND OUT” COSTS SUCH AS THIRD PARTY LABOR, CRANE OR OTHER EQUIPMENT FEES).

NOTWITHSTANDING ANYTHING ELSE IN THIS DOCUMENT, EVAPCO-LMP’S LIABILITY OF ANY KIND WHATSOEVER SHALL NOT EXCEED THE PURCHASE PRICE SET FORTH ON THE PURCHASE ORDER. UNDER NO CIRCUMSTANCES SHALL EVAPCO-LMP BE LIABLE FOR LOST PROFITS, LOST SAVINGS, PERSONAL INJURIES, INCIDENTAL DAMAGES, ECONOMIC LOSS, REFRIGERANT LOSS, PRODUCT LOSS, PROPERTY DAMAGE, OR ANY OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF EVAPCO-LMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, EVAPCO-LMP shall not be responsible for any injuries or damages of any kind whatsoever under any theory of tort to the extent the injuries or damage are caused by misuse of the product by buyer or any third party.

DISCLAIMER OF IMPLIED WARRANTIES

OTHER THAN THE EXPRESS MANUFACTURER’S WARRANTY DESCRIBED HEREIN, THE UNIT IS SOLD “AS IS” AND THERE ARE NO OTHER WARRANTIES. EVAPCO-LMP HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, THAT THE UNIT IS FIT FOR A PARTICULAR USE OR PURPOSE, THAT THE UNIT IS FIT FOR A PARTICULAR APPLICATION OR ENVIRONMENT, AND ANY WARRANTIES THAT MIGHT OTHERWISE ARISE OUT OF A COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE.