EZ INDUSTRIAL EQUIPMENT, LLC LIMITED WARRANTY
I. PRODUCT WARRANTY
EZ Industrial Equipment, LLC, a New Hampshire Corporation (EZIE) with an address of PO Box 4418, Portsmouth, NH 03802 warrants to its original customer for the EZ-Vap Wastewater Evaporator with a model number beginning with "EZV" such evaporator and the accessories and options supplied by EZIE associated with such evaporator ("Products”) against defects in material and workmanship for a period of one (1) year, (365 days) from the date of shipment, under normal use and service, when used and maintained in accordance with the "EZ-Vap Installation and Operation Manual". This warranty is not transferable. The Customer's sole and exclusive remedy for breach of this warranty is that upon EZIE confirming that such Product is defective, it shall: repair or replace, at the sole option of EZIE, any of the Product components which fail during the warranty period because of a defect in workmanship or material (provided that the Customer has promptly reported the failure in writing and returned such Product component, freight prepaid, to EZIE). EZIE will, upon replacement or repair, return such repaired or replaced Product components to the Customer freight collect. All assembly, disassembly, packing, unpacking or installation of such failed or replaced Product components at the Customer's site shall be at the Customer's expense. All Products returned pursuant to this section must be first authorized by EZIE and are to be packaged and shipped in accordance with the instructions received and protected from further damage, and must he accompanied by; (1) the return authorization number assigned, (2) the date of installation, and (3) a written statement that the Product is being returned for repair or replacement under warranty describing the failure. In no event shall EZIE’s liability to the Customer, regardless of the reason, exceed the purchase price of the warrantied Product. THIS IS THE ONLY WARRANTY MADE BY EZIE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
The above warranties are extended only to the original Customer. The warranties will be voided by and will not apply to: (i) any failure occurring as a result of incompatibility of fluid type to material of construction, corrosion, or normal wear and tear (ii) any failure caused by accident, unusual physical, liquid, chemical, gas, electrical or electromagnetic stress, or abuse, neglect, misuse or fluctuations in electrical power beyond EZIE's specifications; (iii) any failure caused by installation, alteration or repair of the Products in any manner not in strict conformity with the terms of any manual or written recommendations concerning the Products furnished to the Customer by EZIE; or (iv) any Products upon which the original identification marks have been removed or altered. Customer bears the risk of loss or damage during shipment.
The warranty provided herein does not apply to materials provided by or manufactured by others as they are warranted by their respective manufacturers directly to the user, such as electric motors, pumps, heaters and burners.
III. DISCLAIMER AND LIMITATION OF LIABILITY
In no event shall EZIE be liable for: (a) incidental, exemplary, indirect, special, punitive or consequential damages, or (b) any damages whatsoever resulting from loss, death, personal injury, property damage or lost profits arising out of or in conjunction with this agreement or the use or performance of the Products, whether in an action of contract or tort, including, but not limited to, negligence or strict liability. (c) EZIE's liability shall be limited as herein before set forth in the "Product Warranty" section. This Limited Warranty is governed by the laws of the State of New Hampshire.
NOTE: EZ Industrial Equipment LLC makes no warranty concerning the applicability of the EZ-Vap to evaporate any particular fluid. Final determination of appropriateness of this equipment for any usage is that of the customer.