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Fantech Bath Exhaust Fan Warranty Info
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- AGREEMENT - The contract of sale (or purchase order) together with these terms
and conditions constitute the entire agreement between the parties hereto, except as modified
in writing signed by both Fantech and the Buyer as identified in the contract (or purchase order).
Any terms in a purchase order, irrespective of their materiality which are either different from
or additional to Fantech's condition of sale, are objected to and are excluded unless the Fantech
expressly agrees in writing to such terms. Acceptance of Fantech's quotation or Fantech's
acknowledgment of Buyer's order the goods shipped or Fantech's invoice shall constitute assent to
Fantech's condition of sale. This contract shall be binding upon Buyer and Fantech, and on their
successors and assigns.
- FORCE MAJEURE - Fantech shall make delivery in accordance with contract documents or
within a reasonable time in the absence of any commitment, but Fantech shall not be liable for
delays or defaults in delivery caused by floods, fires, storm, or other acts of Nature, by war or
act of public enemy (or civil disturbance), strikes, lockouts, shortages or labor or raw materials
and equipment (shortages or failures), action of any governmental authority or other conditions
beyond Fantech's reasonable control.
- INSPECTION & TESTING - Fantech's standard specification and tests apply to all orders.
All charges for inspections or tests not regularly furnished are for Buyer's account and subject to
prior negotiation. All inspections shall be conducted at Fantech's plant, and failure of Buyer to
avail himself of inspection privileges shall be deemed a waiver of such privileges.
- PRICES - Prices are subject to change without notice. Orders based on published prices
and accepted for scheduled shipment will be invoiced at Fantech's applicable price in effect on
the scheduled date of shipment, unless other terms are specifically noted on the order acknowledgments.
All prices will be in accordance with applicable government regulation.
- DELAYS - All orders are accepted subject to Fantech's ability to make delivery at the time
and in the quantities specified, and Fantech shall not be liable for damages for failure to make partial
or complete shipment or for any delay in making shipments. Buyer shall be liable for any added expenses
incurred by Fantech because of Buyer's delay in furnishing requested information to Fantech, delay
resulting from order changes by Buyer, or delay in unloading shipments at delivery point.
- TITLE - Title to product transfers to Buyer at the F.O.B. point of manufacture.
Upon receipt of title, Buyer is then responsible for proper protection of products, lighting,
placement, compliance with all regulations and ordinances, and will indemnify Fantech against all
claims for personal injuries or property damage arising from the storage, use or handling of such
products.
- IN TRANSIT CLAIMS - The owner of the shipment, according to the F.O.B. terms of the
Purchase order, must make claims for damage or storage in transit against the carrier. Buyer has the
responsibility to inspect shipments before or during unloading to identify any such damage or shortage
and see that appropriate notation is made on the delivery tickets or an inspection report furnished
by the local agent of the carrier in order to support a claim.
- CLAIMS - Notice of Claims against Fantech here-under for any reason, including breach
of warranty, must be made to Fantech in writing within 48 hours of discovery to afford Fantech an
opportunity to make a prompt investigation of surrounding facts and mitigate any damages which might
ensue, should it be determined to be Fantech's responsibility. Failure to give such notice to Fantech
shall constitute a waiver by Buyer of any right later to assert such a claim.
- WARRANTY: LIMITATION OF LIABILITY - Fantech warrants fans to be free from defects in design,
materials and workmanship (exclusive of abrasion, corrosion or erosion) for two (2) *years from the
date of shipment to the original Buyer of a product from Fantech or Fantech's authorized distributor
or the date of notification of readiness to ship. Motor warranty is one (1) year. In order to claim the
benefit of this warranty, buyer must notify Fantech in writing of the claimed defect with ten (10) days
after discovering it and return this equipment or parts to the factory with transportation prepaid. In
the event of on-site repair, no service tech nician will be dispatched until manufacturer receives your
written purchase order.
If any of the following conditions exist, the warranty will be null and void:
- Buyer has permitted other persons not approved or authorized by manufacturer to alter, adjust,
replace or repair the equipment or any part thereof.
- Buyer has not followed instructions or other directions given in the contract documents or our
maintenance manual.
- When breakage or other loss or damage is the result of any negligence, misuse or fault on the
part of any operator or other person not under our supervision or control.
- The defect is the result of designs or drawings made, furnished or specified by other.
- In the case of goods not manufactured or supplied by the manufacturer as part of a contract,
manufacturer shall only be liable to the same extent that our supplier is to manufacturer,
not to exceed any liability manufacturer would have for warranty on our own equipment.
- Buyer has not paid in full any invoices submitted to Buyer, which are due for payment.
- Unusual wear and tear of the equipment.
*(3) years on FDD and FADE series
Statements relating to the product, its use or installation made prior to the execution of the
agreement, are not warranties except to the extent that the contrary is expressly set forth herein.
It is understood that such statements were not intended to, and did not, form a part of the agreement;
they were merely made in the course of negotiations of the parties.
THIS WARRANTY IS IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. OUR SOLE AND EXCLUSIVE OBLIGATION UNDER
THIS WARRANTY IS TO REPAIR OR REPLACE DEFECTIVE EQUIPMENT OR PARTS OR, AT OUR OPTION, TO PAY THE
REASONABLE COST OF REPAIR OR REPLACEMENT. BUYER AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT
LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS OR SALES, OR DAMAGES FOR INJURIES
TO PERSON OR PROPERTY) SHALL BE AVAILABLE. NOTWITHSTANDING THE ABOVE, THE TOTAL AMOUNT THAT MAY IN
ANY EVENT BE PAYABLE IN SETTLEMENT OF LIABILITY, HOWEVER INCURRED, SHALL NOT EXCEED THE CONTRACT PRICE.
- WARRANTY VALIDATION - The user must keep a copy of the bill of sale to verify purchase
date. These warranties give you specific legal rights and are subject to any applicable consumer
protection legislation. You may have additional rights that vary from state to state.
Fantech reserves the right to modify, at any time and without notice, any or all of its products'
features, designs, components and specifications, to maintain their technological leadership position.
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