en-USfr-FRen-GB
You are here:   Forum
Register   |  Login
 
Discussion ForumDiscussion ForumCivil Registrat...Civil Registrat...GeneralGeneralelectromotor shopelectromotor shop
Previous Previous
 
Next Next
New Post
 30/09/2019 04:07
 

http://electroafrouz.ir

5. LIMITED WARRANTY: Subject to the limitations of Section 6, Seller warrants that the Goods
manufactured by Seller, other than those specifically identified below, will be free from defects in material
and workmanship and meet Seller's published specifications at the time of shipment under normal use
and regular service and maintenance for a period of twelve (12) months from the date of shipment of the
Goods by Seller or eighteen (18) months from the date of manufacture, whichever occurs sooner, unless
otherwise specified by Seller in writing. Partial Motors of any kind not fully assembled by Seller shall
carry no warranty of any kind, express or implied. Products purchased by Seller from a third party for
resale to Buyer ("Resale Products") shall carry only the warranty extended by the original manufacturer.
THE WARRANTY SET FORTH IN THIS SECTION 5 AND THE WARRANTY SET FORTH IN SECTION
7, ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE
GOODS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE
PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR
OTHERWISE, AND WHETHER OR NOT SELLER'S PRODUCTS ARE SPECIFICALLY DESIGNED
AND/OR MANUFACTURED BY SELLER FOR BUYER'S USE OR PURPOSE.
This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect,
normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use
beyond rated capacity, unsuitable power sources or environmental conditions, improper installation,
repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that
Buyer or its agents has supplied specifications, information, representation of operating conditions or
other data to Seller in the selection or design of the Goods and the preparation of Seller's quotation, and
in the event that actual operating conditions or other conditions differ from those represented by Buyer,
any warranties or other provisions contained herein which are affected by such conditions shall be null
and void.
If within thirty (30) days after Buyer's discovery of any warranty defects within the warranty
period, Buyer notifies Seller thereof in writing, Seller shall, at its option and as Buyer’s exclusive remedy,
repair, correct or replace or refund the purchase price for, that portion of the Goods found by Seller to be
defective. Failure by Buyer to give such written notice within the applicable time period shall be deemed
an absolute and unconditional waiver of Buyer's claim for such defects. Seller shall have the right to
require the Buyer to deliver the Goods to Seller’s designated repair center or manufacturing facility. All
costs associated with dismantling, reinstallation and transportation to and from Seller’s designated repair
center or manufacturing facility and the time and expense of Seller’s personnel and representatives for
site travel and diagnosis under this warranty shall be borne by the Buyer. Goods repaired or replaced
during the warranty period shall be covered by the foregoing warranty for the remainder of the original
warranty period or ninety (90) days from the date of shipment, whichever is longer. Buyer assumes all
other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or
resulting from the use of Goods, either alone or in combination with other products/components.
Section 5 applies to any entity or person who may buy, acquire or use the Goods, including any
entity or person who obtains the Goods from Buyer, and shall be bound by the limitations therein,
including Section 6. Buyer agrees to provide such subsequent transferee conspicuous, written notice of
the provisions of Sections 5 and 6.
6. LIMITATION OF REMEDY AND LIABILITY: THE SOLE AND EXCLUSIVE REMEDY FOR BREACH
OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION
7) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE
PURCHASE PRICE UNDER SECTION 5.
SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE
AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO
EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED
IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR
OTHERWISE), SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE 
Product Service Manual – U.S. MOTORS®
 brand products
8
PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE TO THE
CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY
TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES. The term "consequential damages" shall include, but not be limited to, loss of
anticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred,
including without limitation, for capital, fuel, power and loss or damage to property or equipment.
It is expressly understood that any technical advice furnished by Seller with respect to the use of
the Goods is given without charge, and Seller assumes no obligation or liability for the advice given, or
results obtained, all such advice being given and accepted at Buyer's risk.
7. PATENTS AND COPYRIGHTS: Subject to the limitations of the second paragraph of Section 6,
Seller warrants that the Goods sold, except as are made specifically for Buyer according to Buyer's
specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of shipment.
This warranty is given upon the condition that Buyer promptly notifies Seller of any claim or suit involving
Buyer in which such infringement is alleged and cooperates fully with Seller and permit Seller to control
completely the defense, settlement or compromise of any such allegation of infringement. Seller's
warranty as to use patents only applies to infringement arising solely out of the inherent operation
according to Seller's specifications and instructions (i) of such Goods, or (ii) of any combination of Goods
acquired from Seller in a system designed by Seller. In the
event such Goods are held to infringe such a U.S. patent or copyright in such suit, and the use of such
Goods is enjoined, or in the case of a compromise or settlement by Seller, Seller shall have the right, at
its option and expense, to procure for Buyer the right to continue using such Goods, or replace them with
non-infringing Goods, or modify same to become non-infringing, or grant Buyer a credit for the
depreciated value of such Goods and accept return of them. In the event of the foregoing, Seller may
also, at its option, cancel the agreement as to future deliveries of such Goods, without liability. No license
or rights in any of Seller’s intellectual property associated with the Goods is granted hereby.
8. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for nonperformance due to acts of God; acts of Buyer; war; fire; flood; weather; sabotage; strikes or labor
disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations,
orders or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen
circumstances or any events or causes beyond Seller's reasonable control. Deliveries or other
performance may be suspended for an appropriate period of time or canceled by Seller upon notice to
Buyer in the event of any of the foregoing, but the balance of the agreement shall otherwise remain
unaffected as a result of the foregoing.
If Seller determines that its ability to supply the total demand for the Goods, or to obtain material
used directly or indirectly in the manufacture of the Goods, is hindered, limited or made impracticable due
to causes set forth in the preceding paragraph, Seller may allocate its available supply of the Goods or
such material (without obligation to acquire other supplies of any such Goods or material) among itself
and its purchasers on such basis as Seller determines to be equitable without liability for any failure of
performance which may result therefrom.
9. CANCELLATION: Buyer may cancel orders only upon reasonable advance written notice and upon
payment to Seller of Seller's cancellation charges which include, among other things, all costs and
expenses incurred, and, to cover commitments made, by the Seller and a reasonable profit thereon.
Seller's determination of such termination charges shall be conclusive.
10. CHANGES: Buyer may request changes or additions to the Goods consistent with Seller's
specifications and criteria. In the event such changes or additions are accepted by Seller, Seller may
revise the price and dates of delivery. Seller reserves the right to change designs and specifications for
the Goods without prior notice to Buyer, except with respect to Goods being made-to-order for Buyer.
Seller shall have no obligation to install or make such change in any Goods manufactured prior to the
date of such change. 
Product Service Manual – U.S. MOTORS®
brand products
9
11. NUCLEAR/MEDICAL. GOODS SOLD HEREUNDER ARE NOT FOR USE IN CONNECTION WITH
ANY NUCLEAR, MEDICAL, LIFE-SUPPORT AND RELATED APPLICATIONS. Buyer accepts Goods
with the foregoing understanding, agrees to communicate the same in writing to any subsequent
purchasers or users and to defend, indemnify and hold harmless Seller from any claims, losses, suits,
judgments and damages, including incidental and consequential damages, arising from such use,
whether the cause of action be based in tort, contract or otherwise, including allegations that the Seller’s
liability is based on negligence or strict liability.
12. ASSIGNMENT: Buyer shall not assign its rights or delegate its duties hereunder or any interest
herein without the prior written consent of Seller, and any such assignment, without such consent, shall
be void.
13. QUANTITY: Buyer agrees to accept overruns of up to ten percent (10%) of the order on "made-toorder" goods, including parts. Any such additional items shall be priced at the price per item charged for
the specific quantity ordered.
14. REPLACEMENT / SERVICE GOODS: Upon the cancellation or fulfillment of this order, Seller will
have no obligation to sell and Buyer will have no obligation to purchase the Goods sold hereunder,
including, but not limited to, the supply of replacement parts for Goods or Goods for Buyer’s consumer
service division. Seller is not obligated to sell Buyer or its consumer service divisions Goods: (i) for any
fixed period of time after production of the Goods supplied hereunder ceases or after the last date of
shipment made under this order: or (ii) at any pre-established price to fulfill Buyer’s or its consumer
service divisions requirements during or after production of the Goods ceases or after the last date of
shipment under this order. Seller shall have the absolute right to revise the price of Goods and the terms
of sale and to modify or discontinue the sale of the Goods, and such action shall not form the basis of any
claim by Buyer against Seller.
15. TOOLING: Tool, die, and pattern charges, if any, are in addition to the price of the Goods and are
due and payable upon completion of the tooling. All such tools, dies and patterns shall be and remain the
property of Seller. Charges for tools, dies, and patterns do not convey to Buyer, title, ownership interest
in, or rights to possession or removal, or prevent their use by Seller for other purchasers, except as
otherwise expressly provided by Seller and Buyer in writing with reference to this provision.
16. INSPECTION/TESTING: Buyer, at its option and expense, may inspect and observe the testing by
Seller of the Goods for compliance with Seller's standard test procedures prior to shipment, which
inspection and testing shall be conducted at Seller's plant at such reasonable time as is specified by
Seller. Any rejection of the Goods must be made promptly by Buyer before shipment. Tests shall be
deemed to be satisfactorily completed and the test fully met when the Goods meet Seller's criteria for
such procedures.
17. DRAWINGS: Seller's prints and drawings (including without limitation, the underlying technology)
furnished by Seller to Buyer in connection with this agreement are the property of Seller and Seller retains
all rights, including without limitation, exclusive rights of use, licensing and sale. Possession of such
prints or drawings does not convey to Buyer any rights or license, and Buyer shall return all copies (in
whatever medium) of such prints or drawings to Seller immediately upon request therefor.
18. EXPORT/IMPORT: Buyer agrees that all applicable import and export control laws, regulations,
orders and requirements, including without limitation those of the United States and the European Union,
and the jurisdictions in which the Seller and Buyer are established or from which Goods may be supplied,
will apply to their receipt and use. In no event shall Buyer use, transfer, release, import, export, Goods in
violation of such applicable laws, regulations, orders or requirements.
19. GENERAL PROVISIONS: These terms and conditions supersede all other communications,
negotiations and prior oral or written statements regarding the subject matter of these terms and
conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and 
Product Service Manual – U.S. MOTORS®
brand products
10
conditions shall be binding upon the Seller unless made in writing and signed on its behalf by a duly
authorized representative of Seller. No conditions, usage of trade, course of dealing or performance,
understanding or agreement purporting to modify, vary, explain, or supplement these terms and
conditions shall be binding unless hereafter made in writing and signed by the party to be bound, and no
modification or additional terms shall be applicable to this agreement by Seller's receipt,
acknowledgment, or acceptance of purchase orders, shipping instruction forms, or other documentation
containing terms at variance with or in addition to those set forth herein. Any such modifications or
additional terms are specifically rejected and deemed a material alteration hereof. If this document shall
be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon
Buyer’s assent to any additional or different terms set forth herein. No waiver by either party with respect
to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute
a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be
expressed in writing and signed by the party to be bound. All typographical or clerical errors made by
Seller in any quotation, acknowledgment or publication are subject to correction.
The validity, performance, and all other matters relating to the interpretation and effect of this
agreement shall be governed by the law of the state of Missouri without regard to its conflicts of laws
principles. Buyer and Seller agree that the proper venue for all actions arising in connection herewith
shall be only in Missouri and the parties agree to submit to such jurisdiction. No action, regardless of
form, arising out of transactions relating to this contract, may be brought by either party more than two (2)
years after the cause of action has accrued. The U.N. Convention on Contracts for the International
Sales of Goods shall not apply to this agreement.
Rev 1/1/2013
Product Service Manual – U.S. MOTORS®
brand products
11
WARRANTY PROCEDURE
1. The product to be considered for warranty repair or replacement should be delivered to an
Authorized Service Station for inspection and warranty evaluation. Warranty policy
coverage does not include the pick-up of units or on-site inspections, unless authorized by
the Product Service Department with a log (authorization) number.
2. Check the unit’s date code to determine if the unit is within the warranty period per policy.
Any deviation from this policy must be authorized by a Product Service Department issued
log number.
3. Inspect the unit for both the cause of failure and repair requirements. Determine whether
the product failure was caused by a defect in materials or workmanship, and thus
warrantable under policy definition.
4. If the customer disputes your warranty decision, contact the Product Service Department to
reach a resolution.
5. If the product failure is determined to be caused by a warrantable defect, and the product
date code indicates the unit is within the warranty period, proceed as follows:
a.) Minor repairs should be carried out at reasonable prevailing market rates. Any
excessive deviation must be authorized by the Product Service Department.
b.) Major repairs (rewinds) or unit replacements should be carried out at reasonable
prevailing market rates. Generally, Standard Open Dripproof motors through 320
frame ratings, and Standard TEFC motors through 280 frame ratings, should be
replaced rather than rewound when stock is available. This will vary depending upon
motor RPM, special features, explosion proof, etc. Refer to the Product Service
Department if you have any questions.
c.) Invoice and Warranty Repair Report for warranty replacement units must be
accompanied by the nameplate from the failed unit.
d.) Any warranty repair expense that is anticipated to be in excess of $2,000.00 requires
pre-authorization by the Product Service Department (log number authorization).
e.) Contact the Product Service Department prior to replacing thrust bearing(s) in
vertical pump motors larger than 360 frame. We may wish to provide the
replacement bearing(s)

Previous Previous
 
Next Next
Discussion ForumDiscussion ForumCivil Registrat...Civil Registrat...GeneralGeneralelectromotor shopelectromotor shop