Limited Warranty
This Warranty is given ONLY to purchasers who buy for commercial or industrial use in the ordinary course of each
purchaser's business.
General:
Avtron Loadbank branded products and systems by ASCO Power Technologies, L.P., are in our opinion the finest available. We
take pride in our products and are pleased that you have chosen them. Under certain circumstances we offer with our products the
following One Year Limited Warranty against defects in material and workmanship.
Please read your Warranty carefully. This Warranty sets forth our responsibilities in the unlikely event of defect and tells you how to
obtain performance under this Warranty.
AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP
Terms of Warranty:
The foregoing Limited Warranty is conditioned upon User’s compliance with the following:
1. The Avtron Product is deployed in accordance with Avtron specifications and state and local codes and standards, including
installation by an electrician licensed in the state where used if required.
2. The Avtron Product is maintained in accordance with Avtron instructions and used under normal conditions for the purposes
intended by Avtron.
As provided herein, the Avtron product is warranted to be free of defects in material and workmanship for a period of one year from
date of first use by the User, or fifteen months from the date of shipment, whichever expires first. The product shipment date will be
determined only from the ASCO bill of lading. If any part or portion of the Avtron product fails to conform to the Warranty within the
Warranty period, ASCO, at its option, will furnish new or factory remanufactured products for repair or replacement of that portion or
part. This is a parts Warranty ONLY that does not include services; all services shall be provided by a qualified service provider.
Warranty Extends to First Purchaser for Use, Non-transferable:
This Warranty is extended to the first person, firm, association or corporation for whom the Avtron product specified herein is
originally deployed for use (the "User") in the fifty United States or Canada. This Warranty is not transferable or assignable without
the prior written permission of ASCO.
Assignment of Warranties:
ASCO assigns to User any warranties which are made by manufacturers and suppliers of components of, or accessories to, the
Avtron product and which are assignable, but ASCO makes NO REPRESENTATIONS as to the effectiveness or extent of such
warranties, assumes NO RESPONSIBILITY for any matters which may be warranted by such manufacturers or suppliers and
extends no coverage under this Warranty to such components or accessories.
Drawings, Descriptions:
ASCO warrants for the period and on the terms of the Warranty set forth herein that the Avtron product will conform to the
descriptions contained in the certified drawings, if any, applicable thereto, to ASCO's final invoices, and to applicable Avtron product
brochures and manuals current as of the date of product shipment (“Descriptions”). ASCO does not control the use of any Avtron
product. Accordingly, it is understood that the Descriptions are NOT WARRANTIES OF PERFORMANCE and NOT WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE.
Warranty Claims Procedure:
Within a reasonable time, but in no case to exceed thirty (30) days, after User's discovery of a defect, User shall contact Avtron
product service department at www.avtronloadbank.com and select the support tab or by phone at (216) 573-7600 and request a
return authorization number for products to be returned. Subject to the limitations specified herein, ASCO will repair or replace, at its
option, without charge for materials, subsequent to its inspection the defective product shipped to ASCO with a return authorization
number.
Avtron products shipped to ASCO without a return authorization number may be refused and returned freight collect to User at
User's expense. Avtron products shipped by User to ASCO which have incurred freight damage due to User's improper packaging
of the product will not be covered by this Warranty and any repairs or replacement parts, components or products needed will be
invoiced in the full current price amount and returned freight collect to User.
ONE YEAR LIMITED WARRANTY
Form 297-LB Rev. 01/2014
If replacement parts, components or products are shipped or caused to be shipped by ASCO prior to inspection of the product
claimed to be defective, the replacement parts, components or products shall be invoiced in the full current price amount and
shipped freight collect F.O.B. ASCO’s facility. If ASCO’s inspection determines that the returned item(s) is covered by this warranty,
User will be issued a credit in an amount equal to the parts prices previously invoiced. Warranty coverage will be provided only after
ASCO’s inspection discloses the claimed defect and shows no signs of treatment or use which would void the coverage of this
Warranty. All defective products and component parts replaced under this warranty become the property of ASCO.
Warranty Performance of Component Manufacturers:
It is ASCO’s practice, consistent with its desire to remedy Warranty defects in the most prompt and effective manner possible, to
cooperate with and utilize the services of component manufacturers and their authorized representatives in the performance of work
to correct defects in the product components. Accordingly, ASCO may utilize third parties in the performance of Warranty work,
including repair or replacement hereunder, where, in ASCO's opinion, such work can be performed in less time, with less expense,
or in closer proximity to the Avtron product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate
electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-Avtron designated personnel,
accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other corrosive
liquids or gases, Acts of God, theft, installation and/or deployment contrary to ASCO's recommendations or specifications, or in any
event if the Avtron serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, or maintenance or service items and further, except as
may be provided herein, does NOT include labor costs or transportation charges arising from the replacement of the Avtron product
or any part thereof or charges to remove or reinstall same at any premises of User.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL
WARRANTY PERIOD.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN THE CONTROL AREA OR ANY REACTOR
CONNECTED OR SAFETY APPLICATIONS OR WITHIN THE CONTAINMENT AREA OF A NUCLEAR FACILITY OR FOR
INTEGRATION INTO MEDICAL DEVICES.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE AVTRON PRODUCT AS SET FORTH
HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION,
AVTRON’S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE
PRICE.
IN NO EVENT SHALL ASCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT, OR OTHERWISE.
Miscellaneous:
NO SALESPERSON, EMPLOYEE OR AGENT OF ASCO IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified, if at all, only in writing signed by an ASCO officer.
ASCO obligations under this Warranty are conditioned upon ASCO timely receipt of full payment of the product purchase price and
any other amounts due. ASCO reserves the right to supplement or change the terms of this Warranty in any subsequent warranty
offering to User or others.
In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period, the
remaining terms and provisions shall continue in full force and effect.
This Warranty shall be governed by, and construed under, the laws of the State of New Jersey, without reference to the conflict of
laws principles thereof.
This Warranty represents the entire agreement between ASCO and User with respect to the subject matter herein and supersedes
all prior or contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.
Form 297-LB Rev. 01/2014