TERMS AND CONDITIONS
DESIGN CHANGES The Company reserves
the right to make changes in design, improve
ments and additions in and to its products any
time without imposing any liability or obligations
to itself to apply or install the same in any prod
uct manufactured by it.
TITLE The title and right of possession of the
equipment sold herein shall remain with the
Company and such equipment shall remain
personal property until all payments herein (in
These instructions cover the usual installation, operation and maintenance methods for which the product(s) was designed. They do not purport to
cover all details or variations in the product(s) nor to provide for every possible contingency that might be met in connection with the installation, oper
ation and maintenance. For any departures from these instructions, or should particular problems arise which are not covered sufficiently for the pur
chaser’s purpose, the matter should be referred to the Company.
cluding 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.
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SAFETY ACCESSORIES The Company manu
factures equipment 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 specifica
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tions. Without exception, the Company recom
mends that all orders include applicable safety
devices. Equipment ordered without applicable
safety devices is clearly the responsibility of the
Purchaser. Further, the Purchaser warrants
that he has determined and acquired any and
all safety devices required for equipment sold
by the Company. Weather covers and guards
for motor and V-belt drives, couplings, shafts
and bearings, along with inlet and outlet
screens, are optional accessories noted in the
price list.
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WARNING The Company products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of de
fects. Even reliable products will experience occasional failures and this possibility should be recognized by the User. If these products are used ina
life support ventilation system where failure could result in loss or injury, the User should provide adequate back-up ventilation, supplementary natural
ventilation or failure alarm system, 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 specifically built for hazardous environments.
CAUTION Guards must be installed when fan is within reach of personnel or within seven (7) feet (2.134 m) of working level or when deemed advisable
for safety.
DISCLAIMER The Company has made a diligent effort to illustrate and describe the products in this literature accurately; however, such illustrations and
descriptions are for the sole purpose of identification, and do not express or imply a warranty that the products are merchantable, or fit for a particular
purpose, or that the products will necessarily conform to the illustrations or descriptions or dimensions.
LIMITED WARRANTY
WARRANTY AND DISCLAIMER: The Com-
pany extends this limited warranty to the original buyer and warrants that products manufactured by the Company shall be free from original defects in workmanship and materials for
two years from date of shipment, unless otherwise noted (see specific product literature), provided same have been properly stored, installed, serviced, maintained and operated.
This warranty shall not apply to products which
have been altered or repaired without the Com
pany’s express authorization, or altered or re
paired in any way so as, in the Company’s
judgment, to affect its performance or reliability,
nor which have been improperly installed or
subjected to misuse, negligence, or accident, or
incorrectly used in combination with other sub
stances. The Buyer assumes all risks and liabil
ity for results of use of the products. Warranties
on purchased parts, such as but not limited to
bearings, sheaves, belts, couplings, electric
motors, pumps and controls are limited to the
terms of warranty extended by our supplier.
Polyethylene tubing and cooling pads are war
ranted to be free of defects in material and
workmanship for a period of 90 days from date
of shipment and a like warranty applies to the
cross fluted cellular type cooling cells for a pe
riod of two years from date of shipment pro
vided same have been properly handled,
stored, installed, serviced, maintained and op
erated. And further, not subjected to excessive
heat, corrosive agents or chemicals, or me
chanical abuse that may cause tearing, crush
ing or undue deterioration nor used on a sys
tem or in a manner other than that for which it
was designed as explained in the product litera
ture.
LIMITATION OF REMEDY AND DAMAGES:
All claims under this warranty must be made in
writing and delivered to P. O. Box 978, Musko
gee, Oklahoma, 74402, within 15 days after dis
covery of the defect and prior to the expiration
of the warranty period from the date of ship
ment by the Company of the product claimed
defective, and Buyer shall be barred from any
remedy if Buyer 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 Buyer’s possession
or to request Buyer to return the product to the
Company at Buyer’s expense for inspection by
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the Company. The Company shall replace, or
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at its option repair, free of charge, any product
it determines to be defective, and it shall ship
the repaired or replacement product to Buyer
F.O.B. point of shipment; provided, however, if
circumstances are such as in the Company’s
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judgment to prohibit repair or replacement to
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remedy the warranted defects, the Buyer’s sole
and exclusive remedy shall be a refund to the
Buyer 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
removal of the defective product or part, dam
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ages 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 re
paired or replaced product or part.
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Implied warranties, when applicable, shall com
mence upon the same date as the express war
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ranty provided above, and shall, except for war
ranties of title, extend only for the duration of
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the express warranty. Some states do not allow
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limitations on how long an implied warranty
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lasts, so the above limitation may not apply to
you. The only remedy provided to you under an
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applicable implied warranty and the express
warranty shall be the remedy provided under
the express warranty, subject to the terms and
conditions contained therein. The Company
shall not be liable for incidental and consequen
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tial losses and damages under the express
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warranty, any applicable implied warranty, or
claims for negligence, except to the extent that
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this limitation is found to be unenforceable un
der applicable state law. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation
or exclusion may not apply to you. This warranty gives you specific legal rights, and you
may also have other rights which vary from
state to state.
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 offi
cer of the Company.
REPLACEMENT PARTS If replacement parts
are ordered, buyer warrants that the original
components in which these replacement parts
will be placed are in satisfactory working condi
tion, and when said replacement parts are in
stalled, the resultant installation will operate in
a safe manner, at speeds and temperatures for
which the original equipment was purchased.
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TECHNICAL ADVICE AND RECOMMENDA
TIONS, DISCLAIMER: Notwithstanding any
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past practice or dealings or any custom of the
trade, sales shall not include the furnishing of
technical advice or assistance or system de
sign. Any such assistance shall be at the Com
pany’s sole option and may be subject to addi
tional charge.
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The Company assumes no obligation or liability
on account 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
your own risk and shall not constitute any war
ranty or guarantee of such products or their
performance.
GENERAL In no event shall any claim for con
sequential damages be made by either party.
The Company will comply with all applicable
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Federal, State, and local laws.
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May 2001 Form 613135