Clemco Standard Terms and Conditions, and Statement of Warranty

Standard Terms & Conditions

Update Pending

Standard Statement of Warranty

                  The following is in lieu of all warranties express, implied or statutory and in no event shall Seller or its agents, successors, nominees or assignees, or either, be liable for special or consequential damage arising out of a breach of warranty.  This warranty does not apply to any damage or defect resulting from negligent or improper assembly or use of any item by the Buyer or its agent or from alteration or attempted repair by any person other than an authorized agent of Seller.  All used, repaired, modified or altered items are purchased “as is” and with all faults. In no event shall Seller be liable for consequential or incidental damages.  The sole and exclusive remedy of Buyer for breach of warranty by Seller shall be repair or replacement of defective parts or at Seller’s option, refund of the purchase price, as set forth below:

  1. Seller makes no warranty with respect to products used other than in accordance hereunder.
  2. On products Seller manufactures, Seller warrants that all products are to be free from defects in workmanship and materials for a period of one year from date of shipment to Buyer, but no warranty is made that the products are fit for a particular purpose.
  3. On products which Seller buys and resells pursuant to this order, Seller warrants that the products shall carry the then standard warranties of the manufacturers thereof, a copy of which shall be made available to customer upon request.
  4. The use of any sample or model in connection with this order is for illustrative purposes only and is not to be construed as a warranty that the product will conform to the sample or model.
  5. Seller makes no warranty that the products are delivered free of the rightful claim of any third party by way of patent infringement or the like.
  6. This warranty is conditioned upon Seller’s receipt within ten (10) days after a Buyer’s discovery of a defect, of a written notice stating in what specific material respects the product failed to meet this warranty. If such notice is timely given, Seller will, at its option, either modify the product or part to correct the defect, replace the product or part with complying products or parts, or refund the amount paid for the defective product, any one of which will constitute the sole liability of Seller and a full settlement of all claims. No allowance will be made for alterations or repairs made by others than those authorized by Seller without the prior written consent of Seller. Buyer shall afford Seller prompt and reasonable opportunity to inspect the products for which any claim is made as above stated.

Except as expressly set forth above, all warranties, express, implied or statutory, including the implied warranty of merchantability are hereby disclaimed.  There are no warranties which extend beyond the warranties described above. Seller further excludes any warranties of merchantability.

  1. Seller warrants it will perform the Engineering Services with the use of reasonable care, in accordance with the current standards of diligence customarily practiced in performing services of a similar nature in the industry in which the Engineering Services are performed (the “Services Warranty”). If within one (1) year from the date of the final invoice from Seller there is an error discovered in the

Engineering Services as a result of Seller’s failure to meet the Services Warranty and Buyer has notified Seller in writing of any such error within that period, Seller shall reperform or correct such Engineering Services to the extent such performance or correction is within the original scope of such services, to the extent necessary to remedy such error. All costs incurred by Seller in performing such corrective services shall be borne by Seller to the extent that the Engineering Services are within the original scope. Notwithstanding anything to the contrary set forth herein, (i) the reperformance or correction of Engineering Services that fail to meet the Services Warranty, as set forth herein, shall be Buyer’s sole remedy for any such failure, and Seller’s liability therefor shall in any event be limited to the cost to remedy such error, and (ii) the warranty period hereunder shall not be extended by virtue of any re-performance or correction performed in satisfaction of the Services Warranty.

Except for the services warranty expressly set forth herein, seller expressly disclaims all representations and warranties, whether written, oral, express, implied statutory or otherwise concerning the engineering services or any technical information, techniques, materials, methods, products, processes or practices at any time provided or otherwise made available hereunder by seller, including, in each case, all implied warranties of merchantability, quality, fitness for a particular purpose, and warranties arising from a course of dealing, course of performance, usage or trade practice.

The following list includes but is not limited to the following common standard wear items that are the responsibility of the Company:

  • Nozzles and nozzle washers
  • Abrasive metering-valve metering plates and discs
  • Blast hose tube
  • Abrasive traps
  • Outlet (exhaust) valve seals and diaphragms
  • Injectors
  • Conveying hose
  • Wear plates and liners
  • Operator protective clothing
  • Gloves
  • View windows
  • Respirators: lenses, suspension, and capes
  • Coupling gaskets
  • Filter elements and cartridges
  • Abrasive trap screens and seals
  • Seals and O-rings

This Warranty does not cover damage caused by or upgrades to these or other items determined to be the responsibility of the Company:

  • Use of equipment for anything other than for which it is designed
  • Alteration or attempted repair by any person other than an authorized Distributor or Dealer
  • Improper air flow to a system
  • Improper electrical power to a system
  • Electrical components subject to external electrical fault: wiring, surges, inadequate electrical protection
  • Improper installation of connecting systems provided by others
  • Lack of maintenance
  • Modification of a pressure vessel other than by a certified shop with an R Stamp
  • Software and/or html display upgrades other than specified in original purchase

Abrasive blasting (formerly known as sandblasting) also is called grit blasting, bead blasting, media blasting, soda blasting, dry blasting, sponge blasting, shot blasting, and shot peening. However, sand should never be used when abrasive blasting because breathing abrasive containing crystalline (free) silica can lead to serious or fatal lung disease.