Pump Warranty

What We Cover:

Subject to the terms of this warranty (the “WARRANTY”), vacuum pumps (the “PRODUCT”) manufactured by R.T. Hamilton and Associates Ltd. (FRUITLAND MANUFACTURING) are warranted to be free from defects in material and workmanship for a maximum period of two (2) years from the date of shipment to Buyer. THIS IS THE SOLE AND EXCLUSIVE PRODUCT WARRANTY GIVEN BY FRUITLAND MANUFACTURING TO BUYER AND IS IN LIEU OF, AND EXCLUDES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPONENTS WHICH MAY BE SUPPLIED AS PART OF AN ASSEMBLY, OR SPARE PART(S), AND NOT MANUFACTURED BY FRUITLAND MANUFACTURING ARE LIMITED ONLY TO THE WARRANTY EXTENDED BY THE MANUFACTURER(S) OF THE COMPONENT(S).

Warranty Claims – How We Respond To Warranty Issues:

In the event of a defect in a PRODUCT covered by this WARRANTY, FRUITLAND MANUFACTURING shall repair or replace the affected PRODUCT, or components of the affected PRODUCT, at its sole discretion. This is the BUYER’S sole and exclusive remedy. BUYER shall comply with FRUITLAND MANUFACTURING’s WARRANTY Claims Process in order to enforce this
WARRANTY.

Warranty Exclusions – Things That Will Result In Loss Of Warranty Coverage Or Which Are Not Covered:

a. This WARRANTY shall be void if:
i. BUYER fails to maintain the PRODUCT through proper care and maintenance procedures;
ii. BUYER fails to operate and/or use the PRODUCT in the manner in which it was intended, and in accordance with the PRODUCT manual(s), or otherwise misuses or abuses the PRODUCT;
iii. BUYER fails to notify FRUITLAND MANUFACTURING of a PRODUCT defect covered under this WARRANTY within 72 hours of discovery of the defect, or fails to cooperate with FRUITLAND MANUFACTURING in investigating the PRODUCT defect;
iv. Personnel who have not been approved by FRUITLAND MANUFACTURING make repairs or modifications to the PRODUCT;
v. Replacement parts that have not been approved by FRUITLAND MANUFACTURING are used in the PRODUCT; or
vi. BUYER fails to pay for the PRODUCT in full.

b. Damage to the PRODUCT arising from extreme weather conditions or affixing equipment or materials to the PRODUCT that have not been approved by FRUITLAND MANUFACTURING, is not covered by this WARRANTY. LIMITATION OF DAMAGES: FRUITLAND MANUFACTURING SHALL HAVE NO LIABILITY TO BUYER OR OTHERWISE ARISING FROM, OR IN ANY WAY CONNECTED TO, THE PRODUCT, INCLUDING ITS SALE, USE OR OPERATION, EXCEPT AS EXPRESSLY SET OUT HEREIN. IN NO EVENT SHALL FRUITLAND MANUFACTURING BE LIABLE FOR LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHETHER ARISING IN, CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRUITLAND MANUFACTURING WAS ADVISED OF THE POSSIBILITY OF SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL FRUITLAND MANUFACTURING BE LIABLE TO BUYER FOR ANY DAMAGES WHATSOEVER IN EXCESS OF THE TOTAL PRICE PAID BY BUYER FOR THE PRODUCT. BUYER HEREBY WAIVES ANY CLAIM THAT THE EXCLUSIONS OR LIMITATIONS IDENTIFIED HEREIN DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS OR ANY OTHER AGREEMENT WITH FRUITLAND MANUFACTURING TO FAIL OF ITS ESSENTIAL PURPOSE.