ACME ENGINEERING AND
MANUFACTURING CORPORATION
P.O. Box 978
Muskogee, OK 74402
Telephone 918/682-7791
Fax 918/682-0134
acmefan@acmefan.com
FORM 610006
INSTALLATION & MAINTENANCE INSTRUCTIONS
Windmaster Model DC
RECEIVING AND INSPECTION
Immediately upon receipt of a shipment, carefully inspect for
damage and shortage. Turn propeller by hand to see that it turns
freely and does not bind. If any damage and/or shortage is de
tected or suspected the carrier must be asked to conduct an in
spection. The consignee’s representative should not accept
shipment without a notation on the delivery receipt indicating
items not delivered or apparent extent of damage.
When a shipment is opened and damage is found which was not
evident externally (concealed damage), it is mandatory that the
consignee request an immediate inspection by the carrier. Re
port damage to the carrier within 15 days. Failure to report dam
age within the above time limit will cause rejection of a claim.
HANDLING
When handling fans and their accessories, always use equip
ment and methods that will not cause damage. Fans should be
lifted using slings and padding or spreaders to avoid damage.
CAUTION! Always make sure that all lifting and handling equip
ment and techniques conform to current safety standards.
Avoid lifting fans in a way that will bend or distort fan parts. Never
pass slings or timbers through the orifices of fan.
CAUTION! Do not lift by the fan hood. Fans with special coatings or paints must be protected in handling to prevent damage.
STORAGE
Fans are protected against damageduring shipment. If theycannot be installed and put into operation immediately upon receipt
certain precautions are necessarytopreventdeterioration during
storage. Responsibility for integrity of fans and accessories during storage must be assumed by the user. The manufacturer will
not be responsible for damage during storage. These suggestions are provided solely as a convenience to the user, who shall
make his own decision as to whether to use any or all of them.
INDOOR: The ideal storage environment for fans and accesso
ries is indoors, above grade, in a low humidity atmosphere which
is sealed topreventthe entry of blowing dust, rain, or snow. Tem
peratures should be evenly maintained at between 70°F and
105°F (wide temperature swings may cause condensation and
"sweating" of metal parts). Windows should be covered to pre
vent temperature variations caused by sunlight. Provide ther
mometers and humidity indicators at several points and maintain
the atmosphere at 40% relative humidity, or lower.
It may be necessary to use trays of renewable desiccant or porta
ble dehumidifier to remove moisture from the air in the storage
enclosure.
Thermostatically controlled portable heaters (vented to outdoors)
may be required to maintain even temperatures inside the enclo
sure.
CAUTION! Provide fire extinguishers, or fire alarms, or emer
gency response communication to protect building and equip
ment against fire damage. Be sure that building and storage
practices meet all local, state and federal fire and safety codes.
The following fans or accessories must be stored indoors, in a
clean dry atmosphere:
a. Propeller wall fans not in wall housings.
b. Any fan protected by a cardboard carton.
c. Motors dismounted from fans.
d. Spare wheels or propellers.
e. Belts, sheaves, bushings and other parts when not mounted
on fan.
f. Boxes, bags or cartons of hardware.
g. Curbs
h. Dampers
Remove any accumulations of dirt, water, ice or snow and wipe
dry before moving indoor storage. Allow cold parts to reach room
temperature to avoid “sweating” of metal parts. Open boxes or
cartons. Remove any accumulated moisture; if necessary use
portable electric heaters to dry parts and packages. Leave cover
ings loose to permit air circulation and to permit periodic inspec
tion.
Rotate wheels or propellers by hand to distribute bearing grease
over the entire bearing surfaces.
Store at least 3 ½” off the floor on wooden blocks covered with
moisture proof paper or polyethylene sheathing. Provide aisles
between parts and along all walls, to permit air circulation and
space for inspection.
OUTDOOR: Fans designed for outdoor use may be stored out
doors, if absolutely necessary. The storage area should be rea
sonably level and drained or ditched to prevent accumulation of
water. Fencing and lighting for security are desirable. Roads or
aisles for portable cranes and hauling equipment are needed.
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Consider the use of drift fencing to minimize accumulation of
blowing snow or dirt.
The following fans may be stored outdoors, if dry indoor storage
space is not available:
a. Fans intended for outdoor use that are crated in wood.
b. Wall fans installed in wall housings.
All fans must be supported on wooden blocks or timbers above
water or normal snow levels. Provide enoughblocking to prevent
settling into soft ground. Fans should be set in place using the directional arrow markings on the crate as a guide.
Locate pieces far enough apart to permit air circulation, sunlight,
and space for periodic inspection. Place all parts on their supports so that rain water will run off,ortominimizewateraccumulation. Do not cover parts with plastic film or tarps-these cause
condensation of moisture from the air passing through heating
and cooling cycles.
Fan wheels and propellersshould be blocked to prevent spinning
caused by strong winds.
INSPECTION AND MAINTENANCE DURING STORAGE
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Inspect fans and accessories at least once per month, while in
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storage. Log results of inspection and maintenance performed.
A typical log entry should include the following:
a. Date
b. Inspector’s Name
c. Name of Fan
d. Location
e. Condition of Paint or Coating
f. Is moisture present?
g. Is dirt accumulated?
h. Corrective steps taken?
If moisture or dirt accumulations are found on parts, the source
should be located and eliminated. Fans should be rotated at
each inspection by hand ten to fifteen revolutions to redistribute
the motor and bearing lubricant.
If paint deterioration begins, consideration should be given to
touch-up or repainting. Fans with special coatings may require
special techniques for touch-up or repair.
Machined partscoated with rust preventive should be restored to
good condition promptly if signs of rust occur. The most critical
items are pulleys, shafts and bearing locking collars. At the first
sign of rusting on any of the above parts, remove the original rust
preventive coating with petroleum solvent and clean lint-free
cloths. Polish any remaining rust from surfaces with crocus cloth
or fine emery paper and oil. Do not destroy the continuity of the
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surfaces. Wipe clean with lint-free cloths and recoat surfaces
evenly and thoroughly with Tectly 506 (AshlandOil Company) or
equal. For hard to reach internal surfaces or for occasional use,
consider using Tectly 511M Rust Preventive or WD40 or equal.
REMOVING FROM STORAGE
As fans are removed from storage to be installed in their final lo
cation, they should be protected and maintained in similar fash
ion, until the fan equipment goes into operation.
INSTALLATION
1. CAUTION! This unit has rotating parts and safety
precautions should be exercised during installation,
operation and maintenance.
2. WARNING! Do not use fans in hazardous environments
where the fan’s electrical system could provide ignition to
combustible or flammable materials, unless the unit is
specifically built for that hazardous environment.
3. CAUTION! Guards must be installed when fan is within
reach of personnel or within eight (8) feet (2.5 m) ofworking
level or when deemed advisable for safety.
Installation With Slant Wall Housing
4. To install a fan mounted in a galvanized steel slant wall
housing when the wall thickness is 4" or less, provide a
rectangular opening inthe wall equal to dimension in Fig.1.
It is preferable to frame the opening with 2 x 4 material, or a
metal frame in metal building or greenhouses. When the
wall thickness is more than 4", the height of the rectangular
opening should be 1 inch less than the height shown in Fig.
1 and the opening should be slanted approximately 15° as
shown in Fig. 2. Note: If wall thickness is less than 4"
framed opening height can be reduced 1/4" for each inch
less than 4" thick.
SLANT WALL
FAN
SIZE
24" WS24DC 35 28 3/4" 30 3/4"
30" WS30DC 42 34 3/4" 36 1/2”
36" WS36DC 46 40 3/4" 42 3/4"
42" WS42DC 53 46 3/4" 49"
48" WS48DC 78 54 3/4" 57 1/4"
54" WS54DC 106 60 3/4" 63 ½"
HOUSING
MODEL WT
Figure 1
FRAMED OPENING
DIMEN FOR 4” WALL
WIDTH HEIGHT
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Installation With Square Wall Housing
8. To install a fan mounted in a galvanized steel wall housing,
provide a square opening in the wall equal to the
dimensions in Fig. 5. It is preferable to frame in the opening
with 2 x 4 material, or a metal frame in metal buildings or
greenhouses.
SQUARE WALL
FAN
SIZE
24" WB24DC 28 3/4” 24” 30
30" WB30DC 34 3/4” 24” 36
36" WB36DC 40 3/4” 24” 38
42" WB42DC 46 3/4” 26” 40
48" WB48DC 54 3/4” 27” 70
54" WB54DC 60 3/4” 31” 96
HOUSING
MODEL
NOMINAL DIMENSIONS
WTAB
Figure 5
9. Slide the fan wall housing through the inside of the framed
opening in the wall. Fasten with bolts or screwsprovided by
the installer. Position the box so the top panel, having both
sides turned down, is on top. Caulk betweenthe top flanges
and the wall. Fan wall housing can also be attached to
outside of framed opening utilizing the mounting flanges.
10. Mount automatic shutter to outside of fan wall housing with
number 14 x
5
/8” self tapping hex headed cap screws
furnished. Insert top edge of shutter frame under top flange
of fan box (see Fig. 4).
11. Continue with Step 22.
Installation With Fan Shipping Crate
12. To install to inside of building wall using the shipping crate
as a mounting frame, see Figure 7.
Figure 2
5. Slide the fan wall housing through the inside of the framed
opening in the wall. Fasten with bolts or screwsprovided by
the installer. Positionbox so the top panel slants downfrom
horizontal. Caulk between the top flanges andthe wall (see
Fig. 2). Fan wall housing can also be attached to outside of
framed opening utilizing the mounting flanges.
6. Mount automatic shutter to inside of fan wall housing by
inserting bottom edge of shutter behind the bottom shutter
angle with the top edge of shutter in front of the top shutter
angle (see Fig. 3) and then securing with the snap clips on
the top shutter angle. An optional inside guard can be
mounted with the shutter in the same manner.
7. Continue with Step 22.
Figure 6
Figure 7
2
FAN
SIZE
DC24 26 1/2” 18 3/4”
DC30 32 1/2
DC36 38 1/2” 18 3/4”
DC42 44 1/2” 20 3/4”
DC48 52 1/2” 23”
DC54 58 1/2” 25”
NOMINAL DIMENSION
CD
”
19 1/2”
Figure 8
13. Remove the boards nailed across the front and back of the
fan.
14. Provide a square opening in the wall of the building equal to
the inside “C” dimension of the fan crate, see Figure 8. It is
preferable to frame in the opening with 2 x 6 material, see
Figure 7.
15. Attach the fan crate securely to the wall.
16. Close up all cracks or openings between the fan crate and
the wall of the building. In case the fan is mounted outsideof
the building wall to operate as an exhaust fan, it is
absolutely necessary to enclose all 4 sides of the fan crate
in order for the fan to draw air out of the building.
17. Continue with Step 22.
24. Before starting, check all fasteners for tightness particularly
in the propeller hub. Turn the propeller by hand to make
sure it rotates freely and that the blades do not strike the
orifice.
25. WARNING! Check voltage being supplied to the fan to see
that it corresponds with the motor nameplate voltage; high
or low voltage can seriously damage the motor. On
multi-voltage motors, check motor terminal connections to
make sure motor is internally connected for voltage being
supplied. Motor wiring diagram is located on the side of the
motor or in the motorwiring compartment. Extra careshould
be taken when wiring two speed motors since improper
connections will damage motor and void motor warranty.
Leave enough slack in wiring to allow for motor movement
when adjusting belt tension.
26. Apply power momentarily and compare the rotation of the
impeller with the directional arrow on fan. In the case of
three phase motors, the direction can be changed by
interchanging any two of the three motor leads. In the case
of the single phase motors, the reversing instructions will
appear on the wiring diagram in the motor wiring
compartment.
27. When supply type fans are used with motorized wall
shutters, it is necessary that a time delay switch be used
between the powersource and thefan motor which will allow
the shutter to fully open before the fan is activated.
Installation of Fan without Housing or Crate
18. To install uncrated fan, provide a square opening in the wall
equal to the outside dimensions of the fan. It is preferable to
frame in the opening with 2 x 4 material, or a metal frame in
metal buildings.
19. Slide the fan into the framed opening in the wall, with the
motor in the position shown in Figure 9. Securelyfasten with
bolts or screws provided by the installer.
Figure 9
FAN
SIZE A B
1
24" 28" 18
30" 34" 19
36" 40" 17
42” 46" 18
48" 54" 19
54" 60" 22
"
2
1
"
8
3
"
8
3
"
4
5
"
8
7
"
8
20. When using an automatic shutter, be sure to position
the shutter at least 6” from fan blades.
21. A distance of at least one and one-half times the diameter of
the fan should be allowed between the fan inlet or discharge
opening and any adjacent wall or large obstruction.
22 CAUTION! Before proceeding,make sure electricalservice
to fan is locked in “OFF” position.
23. All wiring should bein accordancewith local ordinances and
the National Electric code.
MAINTENANCE
1. Under normal usage, no spare parts are recommended for
one year of normal service. Recommended spare parts are
shown on page 5.
2. CAUTION! Before proceeding,make sure electricalservice
to fan is locked in “OFF” position.
WINDMILLING: Even when the power supply is locked out,
fans may cause injury or damage if the impeller is subject to
“windmilling” which is the turning of the impeller and drive
components due to a draft in the system. To guard against
this hazard, the impeller should be secured to physically
restrict rotational movement.
3. Motor bearings are prelubricated. Consult information
printed on motor for lubrication instructions.
4. Propeller shaft bearings are prelubricated, sealed and
require no service.
5. On belt driven units, check belt tension after first 48 hours of
operation and thereafter annually. Belt should depress its
width when pressed firmly inward at midway point between
the pulleys. Too much tension will damage bearings. The
belt should be tight enough to prevent slippage. When
replacing worn belt, replace motor pulley if “shoulder” is
worn in groove. WARNING! Do not operate at higher
speeds than that cataloged for this equipment. Do not
replace motor pulley with a larger diameter pulley. Do not
replace the fan pulley with one smaller in diameter. The
pulley ratios are set sothat the motor will not be overloaded.
6. If motor requires replacement, a comparable one to the
original with the same service factor and enclosure must be
used.
7. If propeller shaft bearings need replacement, replace with
bearings comparable to original equipment. For die formed
type support housing install new bearings into neoprene
rings, check correct position of propeller with orifice,
position bearings in die formed recess and tighten set
screws. Replace die formed bearing cap and tighten four
bolts.
NOTE: If locking collar type bearing is used, collar must first
be positioned against inner race on bearing nearest
propeller and turned in direction of propeller rotation with
drift pin and hammer until it locks. Locking collars must be
on inboard (facing) sides of the bearing. Secure bearing to
shaft with set screw. Lock and secure other bearing to shaft
in same manner.
3
SET SCREW TIGHTENING SCHEDULE
1. Before initial operation of the fan, tighten set screws
according to the procedure outlined below.
2. After 500 operating hours or three months, whichever
comes first, tighten set screws to the full recommended
torque.
3. At least once a year, tighten set screws to the full
recommended torque.
VARIABLE FREQUENCY DRIVES AND MOTORS
There are occasions when a Variable Frequency Drive (VFD) will
cause poor motor performance and possible damage. To avoid
these problems, the Company recommends the following:
1. Select compatible motor and VFD inverter; if possible, the
motor and the inverter should be from the same
manufacturer or at least the inverter selected should be
recommended by the motor manufacturer.
PROCEDURE FOR TIGHTENING SET SCREWS IN
BEARINGS AND HUBS
One Set Screw Application
Using a torque wrench, tighten the set screw to the torque recom
mended in Table 1.
Two Set Screw Application
1. Using a torque wrench, tighten one set screw to half of the
torque recommended in Table 1.
2. Tighten the second set screw to the full recommended
torque.
3. Tighten the first set screw to the full recommended torque.
Table 1. Recommended Tightening Torque for Set Screws
Set Screw Diameter Torque (in-lbs)
#10 35
1/4 80
5/16 126
3/8 240
7/16 384
1/2 744
9/16 1080
5/8 1500
3/4 2580
7/8 3600
1 5400
2. A motor shaft grounding system should be used to prevent
motor bearing damage from eddy currents.
NOTE: The Company will not honor motor warranty
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claims if the customer fails to follow these
recommendations.
Extruded aluminum framed guards model BA for back
(motor side) and model FA for front of fan. Constructed of
½" x 1" mesh heavy gauge welded galvanized wire. Open
on all sides for maximum air flow. Guards are shipped
knocked down, easily assembled with connecting clips.
Bolts to fan frame. Easily removed for servicing fan.
Guards are optional but should be installed when fan is
within reach of personnel.
CAUTION! Guards must be installed when fan is within
reach of personnelor within eight (8) feet of workinglevel
or when deemed advisable for safety.
OPTIONAL SAFETY GUARDS
OPTIONAL GUARDS:
Model GD for WB wall housing
Model GS for WS wall housing
Guards are galvanized heavy
gauge welded wire in aluminum
frames.
4
WHEN ORDERING REPLACEMENT PARTS - LIST MODEL, DESCRIPTION AND QUANTITY
FAN
MODELS
DC24
DC30
DC36
DC42
DC48
DC54
CODE DESCRIPTION QTY. CODE DESCRIPTION QTY.
1 Frame & Orifice Assembly 1 9 Fan Shaft 1
2 Propeller 1 10 Motor 1
3 1/4" Roll Pin 1 11 Motor Pulley 1
4 5/16" - 18" x 3/4" Whizlock Bolt 8 12 Fan Pulley 1
5 Bearing Cap 1 13 Fan Belt 1
6 5/16" - 18 Whizlock Nut 8 14 3/16" x 1" Key 1
7 Rubber Ring W/Staple 2 15 Square Key 1/4” x 1/4” x 1 1/4”
8 1" Bearings 2
*Recommended spare parts
PARTS LEGEND
1
5
TERMS AND CONDITIONS OF SALE
ACCEPTANCE All orders and sales are subject to
written approval and acceptance by an executive offi
cer of Acme Engineering & Manufacturing Corporation
at Muskogee, Oklahoma, (the "Company") 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.
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
WARNING Acme products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of defects. Even reliable products 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 system
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 sys
tem, 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 eight (8) feet (2.5 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.
the Purchaser shall provide the Company with a tax
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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
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by negotiations and upon payments of reasonable can
cellation charges which will take into account expenses
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already incurred and commitments made by the Com
pany.
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 Prices are subject to change
upon notice by the Company. Prices on existing or
ders are subject to surcharges in the event of cost in
creases of metals and transportation. All complete
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 sub
ject to adjustment to the price at time of shipment re
gardless of the date of original order entry.
SAFETY ACCESSORIES The Company manufactures
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
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be resolved by one neutral arbitrator who shall have no
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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: Acme’s exclusive du
plex split pillow block bearings and shaft five years,
belts one year, Polyethylene tubing 90 days, AIR40
Heater warranty one year, AIR40 Emitter warranty
three years and DDP fan lifetime warranty on its pro
peller, 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
ACME ENGINEERING AND
MANUFACTURING CORPORATION
P.O. Box 978
Muskogee, Oklahoma 74402
Telephone 918/682-7791
Fax 918/682-0134
www.acmefan.com
Member Air Movement and Control Association International, Inc. November 2013 610006
remedy if Purchaser fails to make such claim within
such period.
Within 30 days after receipt of a timely claim, the Company 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.
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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.
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No employee, agent, dealer, or other person is
authorized 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
ordered, purchaser warrants that the original com
ponents in which these replacement parts will be
placed are in satisfactory working condition, and
when said replacement parts are installed, the resultant installation will operate in a safe manner, at
speeds and temperatures for which the original product was purchased.
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TECHNICAL ADVICE AND RECOMMENDATIONS,
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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
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tional charge.
The Company assumes no obligation or liability on ac
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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.
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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
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or any end user’s installation or use of the products,
the Purchaser shall indemnify and hold the Company
harmless.
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