Warranty

Vacutech Limited Warranties

General Limited Warranty on Equipment: Subject to the terms and conditions set forth herein, Vacutech, LLC (“Vacutech”) warrants to the original purchaser (“Purchaser”) of Vacutech central vacuum systems (the “Equipment”) that, for a period of two (2) years from the date of shipment (the “General Warranty Period”), the Equipment will be free from material defects in parts and workmanship; provided, however, if Vacutech factory trained personnel install the Equipment, the foregoing General Warranty Period shall be extended for an additional one year period, for a total limited warranty period of three (3) years from the date of shipment (collectively, the “General Limited Warranty”). This General Limited Warranty does not cover Vac Star Direct Drive Turbines, variable frequency devices (VFDs) or Services, which are addressed separately below.

Limited Warranty on Turbines: Subject to the terms and conditions set forth herein, Vacutech warrants to a Purchaser of any Equipment containing a Vac Star Direct Drive Turbine (“Turbines”) that, for a period of three (3) years from the date of shipment, the Turbines will be free from material defects in materials and workmanship (the “Turbine Limited Warranty”).

Limited Warranty on Services: Subject to the terms and conditions set forth herein, Vacutech warrants to a Purchaser of installation services (the “Services”) that it shall perform the Services in a professional and workmanlike manner in accordance with industry standards for similar services (the “Services Limited Warranty”) and that such Services shall be warranted for a period of one (1) year from the final date of installation.

Manufacturer’s Warranty on Variable Frequency Devices (VFD): To the extent permitted, Vacutech hereby assigns to a Purchaser of a Variable Frequency Device (VFD) the manufacturer’s warranty for any such VFD, subject to the terms and conditions set forth therein (the “VFD Manufacturer’s Warranty”). Vacutech will provide Purchaser with a copy of such warranty upon request. Other than the foregoing assignment of warranty, VFDs ARE SOLD “AS-IS” AND VACUTECH MAKES NO WARRANTY FOR VFDs, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty on Powdercoat. Subject to the terms and conditions set forth herein, the Company warrants to Dealer, for a period of one (1) year from the final date of installation that the powdercoat will be free from material defects; provided, however that Vacutech will not be responsible for: (i) discoloration due to heat; (ii) rusting caused by chips or gouges on the powder coating surface; (iii) damage caused by improper use by customers or the owner or, (iv) damage caused by the use of abrasive cleaners, bleach or chemicals.
Furthermore, products powdercoated using red, yellow, orange and purple are known to be more susceptible to color fade as a result of exposure to ultraviolet light and other environmental conditions. As a result, neither Vacutech, nor the powder coat manufacturer, can guarantee or warranty these color choices against color fade. In an effort to maximize the color and gloss retention characteristics, Vacutech uses the most advanced powder coat finishes available. The color and gloss retention characteristics can be prolonged by the regular use of an automotive wax with UV protection on all powder coated surfaces. Vacutech will not be responsible for the fading, color degradation, or other finish imperfections, which arise after installation as a result of the customer’s, color selection.

Limitations and Exclusions. The General Limited Warranty, the Turbine Limited Warranty, the Limited Services Warranty (collectively the “Limited Warranties”) and the VFD Manufacturer’s Warranty are only available to the original Purchaser and none of them are transferrable. The VFD Manufacturer’s Warranty is subject to terms and conditions, including limitations and exclusions, provided by the manufacturer. The Limited Warranties do not cover any of the following: normal wear and tear; damage or accidents resulting from freight damage; damage or accidents arising from failure to follow precautionary safety measures; abuse, misuse or modification of the Equipment; improper electrical connections; misapplication; improper installation (if not installed by Vacutech); connection to separator not manufactured by Vacutech; dismantling or attempts to repair Equipment by any person not factory-trained and certified by Vacutech; or any defects, damage or other harm that is not the result of the acts or omissions of Vacutech. Routine maintenance of the Equipment is required. Purchaser and its representatives are solely responsible for testing and determining the suitability of the Equipment for the intended use and purpose, even if Vacutech may have suggested the Equipment, and Vacutech assumes no responsibility for use of the Equipment outside of the normal course of business or unintended use of the Equipment.

Remedies and Procedures. In the event of a breach of either the General Limited Warranty or the Turbine Limited Warranty which Vacutech determines to be covered by an applicable Limited Warranty, Vacutech will, at its option, (a) replace, or (b) repair, the defective Equipment or Turbine, as applicable. In the event of a breach of the Services Limited Warranty which Vacutech determines to be covered by the Services Limited Warranty, Vacutech will, at its option, (i) re-perform such Services or (ii) credit or refund the price of such Services for the price paid. Any claim regarding breach of a Limited Warranty must be received by Vacutech before the expiration of the applicable warranty period. Vacutech reserves the right to inspect and investigate the alleged breach prior to any remedy being provided. Vacutech may require Purchaser to return the allegedly defective Equipment or Turbine to Vacutech’s factory for inspection, or Vacutech may elect to ship a new part to Purchaser; in either case, Purchaser is responsible for freight. If Vacutech determines that the claims are not covered by any applicable Limited Warranty, Purchaser will be notified and will be provided with the cost of repairs, replacement or re-performance, as applicable. Vacutech reserves the right to charge reasonable amounts for travel and labor associated with investigation of invalid claims. Warranty claims should be submitted via email to vactechsupport@ncswash.com, or via phone at 1-800-917-9444.

Exclusive Remedies; Disclaimer. The Limited Warranties and the remedies set forth above are the sole and exclusive warranties and remedies for a breach therefore, and Vacutech shall have no other liability to Purchaser or any other person or entity. Any efforts by Vacutech beyond the obligations provided for herein will not in any way change the limitation of remedies and damages stated in this Limited Warranty, and no agent, reseller, or other representative of Vacutech is authorized to change any warranty, expressed or implied, of Vacutech. To the extent permitted by law, all express and implied warranties (including implied warranties of merchantability, fitness for a particular purpose and non-infringement) other than the express limited warranties set forth above are expressly disclaimed. Upon the expiration of the applicable limited warranty period, any and all applicable implied warranties are disclaimed.

Limitations of Liability. Vacutech shall not have any liability to purchaser or any other person or entity for incidental, consequential, indirect or special damages of any description, including without limitation, loss of revenue or lost profits, whether arising out of warranty (including any implied warranties), breach of contract, strict liability, negligence, other tort, or otherwise, and regardless of whether such damage was foreseeable and whether vacutech had been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event will Vacutech’s aggregate liability arising out of related to the equipment or services, as applicable, sold to purchaser, exceed the total amounts paid by purchaser for the equipment or services, as applicable.