ACME BreezeMaster BDR36 W/WSS Installation & Maintenance Instructions Manual

Contents

limited warranty

ACME BreezeMaster BDR36 W/WSS Installation & Maintenance Instructions Manual Manual pdf 6 page image

Member Air Movement and Control Association International, Inc. April 2017 610427WARNING Acme products are designed and manufactured to provide reliable performance but they are not guaranteed to be 100% free of defects. Even reliable products willexperience 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 systemwhere 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 sys-tem, 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 specifi-cally 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 eight (8) feet (2.5 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 descriptionsare for the sole purpose of identification and do not express or imply any warranty.TERMS AND CONDITIONS OF SALEACCEPTANCE All orders and sales are subject towritten approval and acceptance by an executive offi-cer of Acme Engineering & Manufacturing Corporationat Muskogee, Oklahoma, (the "Company") and are notbinding on the Company until so approved.DELIVERY All shipping and delivery dates are esti-mated only. No delays in delivery will subject theCompany to any costs, damages or fees for late deliv-ery. Delivery of the products herein specified shall bemade F.O.B. point of shipment, unless otherwisestated. The Company shall not be liable for delay dueto causes beyond its reasonable control, such as Actsof God, acts of the purchaser, acts of civil or militaryauthorities, priorities, fires, strikes, floods, epidemics,war, riots, delays in transportation, car shortages, andinability, due to reasons beyond its reasonable control,to obtain necessary labor, material, or manufacturingfacilities. In the event of such a delay, the date of deliv-ery shall be extended for a period equal to the time lostby reason of the delay.TERMS OF PAYMENT If, in the judgment of the Com-pany, the financial condition of the purchaser at anytime does not justify continuation of manufacture orshipment 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 aremade. Each shipment or delivery shall constitute aseparate sale, and the default of any shipment or deliv-ery shall constitute a separate sale, and the default ofany shipment or delivery shall not vitiate the contractas to other shipments or deliveries.SALES AND SIMILAR TAXES The Company’s pricesdo 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 productherein shall be paid by the Purchaser, or in lieu thereofthe Purchaser shall provide the Company with a taxexemption certificate acceptable to the taxing authori-ties.CANCELLATION Any contract resulting from the Pur-chaser’s order may be canceled by the Purchaser onlyby negotiations and upon payments of reasonable can-cellation charges which will take into account expensesalready incurred and commitments made by the Com-pany.DESIGN CHANGES The Company reserves the rightto make changes in design, improvements and addi-tions in and to its products any time without imposingany liability or obligations to itself to apply or install thesame in any product manufactured by it.TITLE The title and right of possession of the productssold herein shall remain with the Company and suchproducts shall remain personal property until allpayments herein (including deferred payments whetherevidenced by notes or otherwise) shall have beenmade in full in cash and the Purchaser agrees to do allacts necessary to perfect and maintain such right andtitle in the Company.PRICE ADJUSTMENTS Prices are subject to changeupon notice by the Company. Prices on existing or-ders are subject to surcharges in the event of cost in-creases of metals and transportation. All completecomponent accessory material manufactured by othersand furnished with the Company’s products such asmotors, drives, vibration equipment, controls or othercompletely assembled component structures, are sub-ject to adjustment to the price at time of shipment re-gardless of the date of original order entry.SAFETY ACCESSORIES The Company manufacturesproducts designed to serve multiple applications andoffers a wide range of safety equipment, includingguards and other devices, as may be required to meetcustomer specifications. Without exception, the Com-pany recommends that all orders include applicablesafety devices. Products ordered without applicablesafety devices is clearly the responsibility of the Pur-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. Weathercovers and guards for motor and V-belt drives, cou-plings, shafts and bearings, along with inlet and outletscreens, are optional accessories noted in the pricelist.GOVERNING LAW The rights, obligations and reme-dies of Purchaser and the Company, the interpretationof these terms and conditions and the sale of productsby 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 ofproducts shall be settled by binding arbitration admin-istered by the American Arbitration Association underits Commercial Arbitration Rules, and judgment on theaward rendered by the arbitrator may be entered inany court having jurisdiction thereof. The dispute shallbe resolved by one neutral arbitrator who shall have noaffiliation with either Purchaser or the Company andshall be selected by the American Arbitration Associa-tion office in Dallas, Texas. The arbitration proceed-ings shall be held in Muskogee, Oklahoma.APPLICABLE DOCUMENTS The agreement be-tween the Company and the Purchaser relating to theproducts 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 WARRANTYWARRANTY AND DISCLAIMER: the Company ex-tends this limited warranty to the original purchaserand warrants that products supplied by the Company,shall be free from original defects in workmanship andmaterials for two years from date of shipment (exceptfor 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 havebeen altered or repaired without the Company’s ex-press authorization, or altered or repaired in any wayso as, in the Company’s judgment, to affect its perfor-mance or reliability, nor which have been improperlyinstalled or subjected to misuse, negligence, or acci-dent, or incorrectly used in combination with other sub-stances. The Purchaser assumes all risks and liabilityfor results of use of all products.Evaporative cooling pads are warranted to be free ofdefects in materials and workmanship for a period oftwo years from date of shipment provided same havebeen properly handled, stored, installed, serviced,maintained and operated; and further, not subjected toexcessive 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 mannerother than that for which it was designed as explainedin the product literature.The following products are warranted to be free of de-fects in materials and workmanship for the periodsshown from date of shipment: Acme’s exclusive du-plex split pillow block bearings and shaft five years,belts one year, Polyethylene tubing 90 days, AIR40Heater warranty one year, AIR40 Emitter warrantythree years and DDP fan lifetime warranty on its pro-peller, cone, and housing.LIMITATION OF REMEDY AND DAMAGES: Allclaims under this warranty must be made in writing anddelivered to P. O. Box 978, Muskogee, Oklahoma,74402, within 15 days after discovery of the defect andprior to the expiration of two years from the date ofshipment by the Company of the product claimed de-fective, and Purchaser shall be barred from anyremedy if Purchaser fails to make such claim withinsuch period.Within 30 days after receipt of a timely claim, the Com-pany shall have the option either to inspect the productwhile in Purchaser's possession or to request Pur-chaser to return the product to the Company at Pur-chaser's expense for inspection by the Company. TheCompany shall replace, or at its option repair, free ofcharge, any product it determines to be defective, andit shall ship the repaired or replacement product toPurchaser F.O.B. point of shipment; provided, how-ever, if circumstances are such as in the Company’sjudgment to prohibit repair or replacement to remedythe warranted defects, the Purchaser's sole and exclu-sive remedy shall be a refund to the Purchaser of anypart of the invoice price, paid to the Company, for thedefective product or part.The Company is not responsible for the cost of re-moval of the defective product or part, damages due toremoval, or any expenses incurred in shipping theproduct or part to or from the Company’s plant, or theinstallation of the repaired or replaced product or part.The warranties set forth above do not apply to anycomponents, accessories, parts or attachments manu-factured by other manufacturers; such being subject tothe manufacturer’s warranty, if any. To the extent notprohibited 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 ALLOTHER WARRANTIES, EXPRESS OR IMPLIED,ARISING BY LAW OR OTHERWISE, INCLUDINGWITHOUT LIMITATION THE IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESS FOR A PAR-TICULAR PURPOSE, WHICH ARE HEREBY EX-PRESSLY DISCLAIMED AND WAIVED. THIS WAR-RANTY CONSTITUTES THE COMPANY’S SOLEAND EXCLUSIVE WARRANTY FOR DEFECTIVEGOODS AND PURCHASER’S SOLE AND EXCLU-SIVE REMEDY FOR DEFECTIVE PRODUCTS.No employee, agent, dealer, or other person isauthorized to give any warranties on behalf of theCompany or to assume for the Company anyother liability in connection with any of its productsexcept in writing and signed by an officer of theCompany.REPLACEMENT PARTS If replacement parts areordered, purchaser warrants that the original com-ponents in which these replacement parts will beplaced are in satisfactory working condition, andwhen said replacement parts are installed, the resul-tant installation will operate in a safe manner, atspeeds and temperatures for which the original prod-uct was purchased.TECHNICAL ADVICE AND RECOMMENDATIONS,DISCLAIMER: Notwithstanding any past practice ordealings or any custom of the trade, sales shall not in-clude the furnishing of technical advice or assistanceor system design. Any such assistance shall be at theCompany’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 asto the choice, installation or use of products. Any suchrecommendations, opinions or advice are given andshall be accepted at Purchaser's and End User's riskand shall not constitute any warranty or guarantee ofsuch products or their performance.LIMITATION OF LIABILITY The cumulative liability ofthe Company to the Purchaser and any other personsfor all claims in any way relating to or arising out of theproducts, including, but not limited to, any cause of ac-tion sounding in contract, tort, or strict liability, shall notexceed the total amount of the purchase price paid forthose products which are the subject of any suchclaim. This limitation of liability is intended to applywithout regard to whether other provisions of thisagreement have been breached or have proven inef-fective even if the Company has been advised of thepossibility of such claims or demands. In no eventshall the Company be liable to the Purchaser or anyother person for any loss of profits or any incidental,special, exemplary, or consequential damages for anyclaims or demands brought by the Purchaser or suchother persons.INDEMNITY The Company’s maximum liability to Pur-chaser and to any end user is as set forth above. TheCompany makes no warranty to anyone for any prod-ucts not manufactured by the Company and shall haveno 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 theCompany regarding the products and its installationand use. If the Company incurs any claims, lawsuits,settlements, or expenses (including attorney fees) forany loss, injury, death or property damage including,but not limited to, claims arising out of the Purchaser’sor any end user’s installation or use of the products,the Purchaser shall indemnify and hold the Companyharmless.ACME ENGINEERING ANDMANUFACTURING CORPORATIONP.O. Box 978Muskogee, Oklahoma 74402Telephone 918/682-7791Fax 800/382-2263www.acmefan.com

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