Warranty

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The Limited Warranty set forth in this section (this “Limited Warranty”) gives you specific legal rights and you may also have other rights, which vary from state to state.

Subject to the terms set forth herein, Vacuum Tank Sales (VTS) warrants that during the warranty period (defined below) the products purchased from VTS in normal and intended use and service, be free from defects in material and workmanship.

Our responsibility for defective products is limited to repair or replacement as set forth in this limited warranty. Neither any performance or other conduct, nor any oral or written information, statement, or advice provided by us or any of our suppliers, agents, or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.

 This Limited Warranty extends only to the Customer and the original end-user (if such original end-user is someone other than the Customer.) As such, this Limited Warranty does not extend to any subsequent or other owner, transferee, or beneficiary of the Products.

During the Warranty Period, this Limited Warranty covers defects in materials and workmanship in products manufactured by VTS. Goods made by third-party manufacturers or suppliers (“others”) carry such warranties as may be given by others, and no additional warranty or liability of Seller, express or implied, shall be attached to goods made by others.

 Seller warrants to Buyer goods of Seller’s manufacture are free from defect in material and workmanship under proper use and service for a period of twelve months from the date the title passes to the Buyer. Title passes to the buyer when Product is placed on transportation carrier FOB VTS in Muskogee, OK for delivery as per Buyer’s Instruction.

The Customer or original end-user must provide notice of covered defects in writing to VTS during the Warranty Period and within (5) calendar days following the Customer’s or original end-user’s discovery of such defect (the “Notice Period”). 

 Notwithstanding anything herein to the contrary, this Limited Warranty does not cover any of the following, each of which are hereby expressly excluded therefrom:

1. Defects that are not discovered during the warranty period;
2. Defects that are not reported to VTS in writing within the Notice Period;
3. Usual and customary deterioration or wear resulting from normal use, service, and exposure;
4. Any Products that are transported out of the United States or Canada;
5. Any shortages or discrepancies, all of which shall be exclusively governed by the Inspection and Claims section of these Terms set forth above;
6. Shipping or other costs incurred to return the Products to VTS for warranty inspection;
7. Damage to persons or property other than the products, or for any incidental, consequential, or special damages;
8. Any defect and/or any loss, damage, cost, or expense incurred by Customer, original end-user, or any third party to the extent the same arise out of, relate to, or result, in whole or in part, from any one or more of the following:

• Theft, vandalism, accident, war, insurrection, fire, or other casualty;
• Defects or damage caused by the Customer, original end-user, or any third party;
• Exposure to corrosive, chemical, ash, smoke, fumes, or the like;
• Any products that have been altered, modified, or repaired by Customer, original end-user, or any third party without VTS’s prior written consent;
• Failure to perform inspection or preventative cleaning or maintenance;
• Storage;
• Combination or use of the Products with any products, materials, processes, systems, or other matter not provided or authorized in writing by VTS;
• External causes such as accidents, abuse, or other actions or events beyond our reasonable control; or
• Any misuse of the products, including any use of the Products not in conformity with product manuals or contrary to product warnings.

In the event VTS is notified of a warranty claim in conformity with the notice requirements as set forth above, VTS shall, with the full cooperation of Customer and/or original end-user (which shall include, without limitation, return of the Products for warranty inspection if requested by VTS) immediately undertake an investigation of such claim. To the extent VTS determines, in its sole discretion, that the warranty claim is covered by this Limited Warranty, VTS will, as Customer and original end-user’s sole and exclusive remedy and at VTS’s option, either:

1. Ship repaired product(s) to Customer or original end-user, or;
2. Send a technician to repair the product, or;
3. Work with a local technician to repair the product.

VTS shall not be responsible to Customer or original end-user for the cost of dismantling any defect Products or installing replacement Products, all of which shall be and for all purposes remain the sole responsibility of Customer and original end-user.

Customer warrants and represents that if it resells any Products or incorporates any Products into its own merchandise for the purpose of sale, Customer will:

• In all instances cause such purchaser to be bound by, and agree to, this Limited Warranty as set forth herein, including all terms and limitations thereof;
• Provide the applicable VTS product data to such purchasers.

 Customer expressly acknowledges and agrees that:

1. This limited warranty set forth herein is an integral part of the agreement pursuant to which the products were purchased;
2. Customer (for itself and on behalf of the original end-user, if applicable) has accepted this limited warranty as the sole and exclusive warranty given by VTS to Customer and original end-user with respect to the products; and
3. This limited warranty is reflected in the purchase price for the products. VTS makes no other representations or warranties of any kind, whether express or implied, by operation of law or otherwise, with respect to any products, goods, or services sold or provided to the customer pursuant to the agreement or otherwise, including without limitation any representation or warranty of merchantability or fitness for any particular purpose or use, all of which are expressly hereby disclaimed.

The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty or the agreement. To the fullest extent permitted by law, in no event shall VTS be liable for any special, indirect, punitive, cover, incidental, or consequential damages, however caused, whether in contract or tort or under any other theory of liability, including without limitation, loss of revenue, anticipated profits, business or sales, any loss of goodwill or reputation, or the costs of substitute goods or products, even if VTS has been advised of the possibility of such damages. In addition to the extent permitted by applicable law, we (including our subsidiaries, and affiliates, and our and their officers, directors, managers, agents, and employees) are not liable, and you agree to not hold us responsible for any damages or losses resulting directly or indirectly from: 

• Your use of or your inability to use our products;
• Suspension or other action taken with respect to the products or breach of any of these terms; or
• Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of the changes to the agreement. Notwithstanding anything contained herein to the contrary, in no event shall the total liability of VTS to you or any third party for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, product liability, or otherwise) arising from the agreement or your purchase or use of the products exceed, in the aggregate, the listed purchase price paid by you for the products you purchased pursuant to the terms hereunder. 

Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you. The limitation of liability set forth above shall only apply to the extent permitted by applicable law. 

To the fullest extent permitted by law, any cause of action or claim you may have arising out of or relating to the agreement or your use of our products must be commenced within six (6) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

You agree to indemnify and hold harmless VTS, its affiliated companies, and their respective officers, directors, employees, managers, agents, successors, and assigns (“Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs) made by any party due to or arising out of your 

(a) breach of the Agreement,

(b) improper use of the Products, 

(c) breach of any law or the rights of any third party, or 

(d) failure to strictly comply with your obligations to VTS concerning original end-users or any representations made by you to such original end-user. 

VTS shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that VTS, at our option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the Indemnified Parties, with such consent not to be unreasonably withheld or delayed.