Immediately upon receipt of a shipment, carefully
inspect for damage and shortage. Turn the impeller by
hand to see that it turns freely and does not bind. If any
damage and/or shortage is detected or suspected, the
carrier must be asked to conduct an inspection. The
consignee’srepresentativeshouldnotaccepta
shipment without a notation on the delivery receipt
indicating items not delivered or the apparent extent of
damage.
FORM 613093
blowing dust, rain, or snow. Temperatures 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 prevent temperature variations caused by sunlight.
Provide thermometers 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 portable dehumidifier to remove moisture from the air
in the storage enclosure.
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. Report any damage to the
carrier within 15 days. Failure to report damage within
the above time limit will result in rejection of a claim.
HANDLING
When handling fans and their accessories, always use
equipment 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 equipment 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 damage during shipment. If
they cannot be installed and put into operation
immediately uponreceipt certain precautionsare
necessary to prevent deterioration 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
accessories is indoors, above grade, in a low humidity
atmosphere which is sealed to prevent the entry of
Thermostatically controlled portable heaters (vented to
outdoors)mayberequiredtomaintaineven
temperatures inside the enclosure.
CAUTION! Provide fire extinguishers, or fire alarms, or
emergency response communication to protect building
and equipment 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 coverings
loose to permit air circulation and to permit periodic
inspection.
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 outdoors, if absolutely necessary. The storage
Page 2
area should be reasonably 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. 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 enough
blocking 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, or
to minimize water accumulation. Do not cover parts
with plastic film or tarps-these cause condensation of
moisture from the air passing through heating and
cooling cycles.
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 surfaces.Wipe clean with lint-free
cloths and recoat surfaces evenly and thoroughly with
Tectly 506 (Ashland Oil 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 location, they should be protected and maintained
in similar fashion, 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 in hazardous environments
where fan’s electrical system could provide ignition to
combustible or flammable materials, unless the unit
is specifically built for hazardous environments.
Fan wheels and propellers should be blocked to prevent
spinning caused by strong winds.
INSPECTION AND MAINTENANCE
DURING STORAGE
Inspect fans and accessories at least once per month,
while in 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 parts coated 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
3. The fan should be mounted on a solid foundation
equipped with anchoring devices (such as anchor
bolts). Level the fan on the foundation, shimming
where necessary.Anchor the fan securely to the
foundation.If vibration isolators are used, these
should be installed between the fan and the
foundation. When mounted on suspended platforms
adequate cross bracing will be required.
4. Check pulley alignment and belt tension. Belt should
deflect ½" to 3/4" (13mm to 19mm) when depressed
by hand midpoint between pulleys.
5. CAUTION! Before proceeding, make sure electrical
service to fan is locked in “OFF” position.
6. All wiring should be in accordance with local
ordinances and the National Electric Code.
7. WARNING!Check voltage at the fan to see if it
corresponds with the motor nameplate. High or low
voltage can seriously damage the motor. Extra care
should be taken when wiring two speed motors since
improper connections will damage motor and void
motor warranty.
8. Apply power momentarily and compare the rotation
of the impeller with directional arrow on fan. In the
case of three phase motors, the direction can be
reversed by interchanging any two of the three motor
leads.In the case of single phase motors, the
reversing instructions appear on the wiring diagram
in the motor wiring compartment.
Page 2
Page 3
9.WARNING! Operation in the wrong direction will
deliver air but will overload the motor and could
seriously damage the motor.
maintenance may be required as often as once a
month.Regularmaintenanceshouldinclude
inspection and cleaning of all fan parts.
10.OUTDOORS When installed outdoors, units should
be provided with Weather Covers available as an
optional accessory from the Company.Outlet
dampers attached to the fan discharge should be
normally closed when the fan is not running.
11.CAUTION! Inlet guards (available from the company
as optional equipment) must be installed whenever
the fan is installed without ducts attached to the fan
inlet.
12.CAUTION! Guards must be installed when fan is
within reach of personnel or within seven (7) feet
(2.134m) of working level or when deemed advisable
for safety.
13.IMPELLER-INLETVENTURIADJUSTMENT
Adjustment can be achieved through the use of the
slotted holes provided in the fan construction.
For vertical movement, adjust the bearing base
support up or down on the side plates of the motor
and drive compartment. After any adjustment, the
bearing base should be checked to assure its being
level.
For horizontal movement the lower half of the duplex
split pillow bearing housing is slotted for sideways
adjustment. By loosening either set of these bolts,
the impeller can be moved to provide running
clearance between it and the inlet venturi. Be sure to
re-tighten all bolts after proper clearances are
obtained.
MAINTENANCE
1.Undernormalusage,nosparepartsare
recommendedforoneyearofoperation.
Recommended spare parts are shown on page 4.
2.CAUTION!Before proceeding, make sure the
electrical service to the 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 “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.REGULAR MAINTENANCE Determined by the
condition of the air passing through the fans,
regularly scheduled inspection of all fan parts
establishes a good maintenance routine. When the
air is clean, maintenance can be as infrequent as
onceayear.Whenairiscontaminated,
4. 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.Belt should be tight enough to prevent
slippage. When replacing worn belt, replace motor
pulley if “shoulder” is worn in groove.For 2 belt
drives, be sure to replace both belts with a matched
set. Do not adjust belts too tightly as this will cause
undue wear on the bearings of both fan and motor.
Motor pulleys should be inspected regularly and
replaced if they show evidence of excessive wear or
“grooving”.
WARNING! Do not operate at speeds higher 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 so that the motor will not be
overloaded.
5. Impeller shaft bearings on units with duplex split
pillow block housing are prelubricated and do not
require relubrication. Units with pillow block bearings
have grease fittings and, under normal operation will
need no relubrication for 3 to 5 years. If relubrication
is required, use a grease conforming to NLGI No. 2.
CAUTION! Lubricating bearings with a high pressure
gun can blow bearing seals and overfill the bearing
with grease. This condition can result in excessive
churning and over heating.For normal operating
conditions it is standard practice to fill only 30% of
the bearing void with grease. Do not over lubricate.
NOTE: If locking collar type bearing is used, collar
must first be positioned against inner race on bearing
nearest impeller and turned in direction of impeller
rotation with drift pin and hammer until it locks.
Locking collars must be on inboard (facing) sides of
the bearings. Secure bearing to shaft with set screw.
Lock and secure other bearing to shaft in same
manner.
NOTE: If pillow block type bearings are used, slide
bearings onto the shaft to desired location and bolt
bearing block securely to support base. Slide shaft
back and forth in secured bearing (do not drive with
hammer) and rotate to make certain it turns freely.
Check correct position of impeller with inlet orifice.
Then secure bearings to shaft by tightening set
screws.
6. Motorbearingsareprelubricated.Consult
information printed on the motor for lubrication
instructions.
Page 3
Page 4
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
comesfirst,tightensetscrewstothefull
recommended torque.
3. At least once a year, tighten set screws to the full
recommended torque.
PROCEDURE FOR TIGHTENING SET SCREWS IN
BEARINGS AND HUBS
One Set Screw Application
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 converter; if
possible, the motor and the converter should be
from the same manufacturer or at least the
converter selected should be recommended by the
motor manufacturer.
2. A motor shaft grounding system should be used to
prevent motor bearing damage from eddy currents.
Using a torque wrench, tighten the set screw to the
torque recommended 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 DiameterTorque (in-lbs)
#1035
1/480
5/16126
3/8240
7/16384
1/2744
9/161080
5/81500
3/42580
7/83600
15400
NOTE:The Company will not honor motor
warranty claims if the customer fails to follow
these recommendations.
Page 4
Page 5
PARTS LIST LEGEND
No.DescriptionNo.Description
1.Inlet Collar10.Neoprene Rings
2.Inlet Cone11.Duplex Bearing Housing-Upper and Lower Half
3.Impeller*12.Fan Sheave*
4.Inlet Side Support13.Motor Sheave*
5.Housing14.Motor*
6.Mounting Plate15.Belt*
7.Compartment Side Right/Left16.Base Support Angle
1. Read instructions thoroughly and plan all moves
before starting.
2. Remove the inlet collar, inlet cone and inlet side
support by removing the bolts around the inlet
collar.
3. Remove access door by removing (8) 1/4" x 3/4"
bolts.
4. Turn the fan on its side such that the inlet is down.
5. Remove the nuts that attach the mounting plate to
the housing.
6. For sizes 270-365 ONLY:
(a) For BottomHorizontal,Bottom Angular
Upblast, and Upblast rotations the mounting
plate should be bolted in the top set of holes in
the drive supports and a long inlet side sup
port is needed.
(b) For Top Horizontal, Top Angular Down,
Downblast and Top Angular Upblast rotations
the mounting plate should be bolted in the bot
tom set of holes in the drive supports and a
short inlet side support is needed.
7. Rotate the mounting plate to obtain the desired
outlet position.
8. Attach the mounting plate to the housing with the
nuts that were removed from these studs.
9. Return fan to the upright position.
10. Re-assemble inlet cone, inlet collar and inlet side
support to the housing using the same nuts that
were removed from these studs.
11. Turn the wheel by hand to check for any binding.
12. If any adjustment is needed, refer to # 9 under
Installation.
13. Replace the access door using the same bolts that
were removed from these holes.
NOTE:Outlet flange interferes with fan base on
downblast discharge arrangements.
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Page 7
TERMS AND CONDITIONS OF SALE
ACCEPTANCE All orders and sales are subject to
written approval and acceptance by an executive offi
cer of the Company at Muskogee, Oklahoma, 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.
PRICE ADJUSTMENT Prices are subject to change
until the Purchaser’s order has been accepted by the
Company.
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
WARNING The Company products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of defects. Even reliable prod
ucts 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 sys
tem 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
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. 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 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 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.
herein shall be paid by the Purchaser, or in lieu thereof
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the Purchaser shall provide the Company with a tax
exemption certificate acceptable to the taxing authori
ties.
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CANCELLATION Any contract resulting from the Pur
chaser’s order may be canceled by the Purchaser only
-
by negotiations and upon payments of reasonable can
cellation charges which will take into account ex
penses already incurred and commitments made by
the Company.
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 AND PROTECTION Prices
on products manufactured by the Company are firm for
shipment up to four months from the date of the origi
nal order entry. Such prices are subject to adjustment
if shipment is made after four months and up to ten
months from the date of the original order entry, if
products are shipped ten months from the date of the
original order entry, prices will be adjusted to the price
in effect at the time of shipment automatically. All com
plete 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 subject to adjustment to the price at time of ship
ment regardless of the date of original order entry.
SAFETY ACCESSORIES The Company manufac
tures 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
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pany recommends that all orders include applicable
safety devices. Products ordered without applicable
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safety devices is clearly the responsibility of the Pur
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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
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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
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.
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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: the Company’s exclu
sive duplex split pillow block bearings and shaft five
years, belts one year, Polyethylene tubing 90 days,
AIR40 Heater warranty one year, AIR40 Emitter war
ranty three years and DDP fan lifetime warranty on its
propeller, 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
remedy if Purchaser fails to make such claim within
such period.
Within 30 days after receipt of a timely claim, the Com
pany 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 Purchaser'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.
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.
No employee, agent, dealer, or other person is autho
rized 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 or
dered, purchaser warrants that the original compo
-
nents in which these replacement parts will be placed
are in satisfactory working condition, and when said re
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placement parts are installed, the resultant installation
will operate in a safe manner, at speeds and temperatures for which the original product was purchased.
TECHNICAL ADVICE AND RECOMMENDATIONS,
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
tional charge.
The Company assumes no obligation or liability on ac
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
or any end user’s installation or use of the products,
-
the Purchaser shall indemnify and hold the Company
harmless.
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October 2004613093
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