WARRANTY TERMS, CONDITIONS, AND DISCLAIMERS


These Warranty Terms, Conditions, and Disclaimers ("Terms") apply to all quotations, invoices, purchase orders accepted by Seller, sales agreements, and sales of used equipment unless otherwise agreed to in a written agreement signed by an authorized representative of the Seller.


"WHERE IS, AS IS" SALE (NO WARRANTY)


Unless expressly stated otherwise in writing, all Equipment is sold USED, "WHERE IS," "AS IS," and "WITH ALL FAULTS," including all known and unknown defects.

Buyer acknowledges and agrees that:

  1. Buyer has had the opportunity to inspect the Equipment or have it inspected by a qualified third party prior to purchase.
  2. Buyer accepts the Equipment in its existing condition and location.
  3. Seller makes no express or implied warranties, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Except as otherwise required by applicable law, Seller disclaims all implied warranties to the fullest extent permitted by law. Nothing herein shall be construed as disclaiming the warranty of title unless expressly stated in writing.
  4. Buyer assumes all responsibility for inspection, transportation, unloading, rigging, installation, electrical, pneumatic, hydraulic and mechanical connections, commissioning, calibration, programming, startup, operator training, permitting, maintenance, repairs, and safe operation of the Equipment after delivery.
  5. Seller shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, production downtime, rental equipment, labor, installation costs, removal costs, freight, shipping, business interruption, or loss of use.
  6. Seller's total cumulative liability arising out of or relating to the sale of the Equipment shall not exceed the purchase price actually paid by Buyer for the Equipment giving rise to the claim.
  7. All sales are final. No returns, exchanges, cancellations, refunds, or warranty claims shall be accepted except as expressly provided herein or as required by applicable law.

LIMITED SIX (6) MONTH PARTS WARRANTY ON REFURBISHED MACHINES BY SHOT BLASTING EQUIPMENT, INC.


Unless otherwise stated in writing, Seller warrants only to the original purchaser that covered non-wear replacement parts supplied by Seller will be free from defects in material and workmanship for a period of six (6) months from the earlier of:

  • Delivery to Buyer; or
  • Customer pickup.

This Limited Warranty applies only to defects arising during normal industrial use under proper installation, operation, and maintenance.

EXCLUSIVE REMEDY

Buyer's sole and exclusive remedy under this Limited Warranty shall be, at Seller's option, to:

  • Repair the defective covered part;
  • Replace the defective covered part with a new or reconditioned part; or
  • Refund the purchase price of the defective covered part.


The determination of the appropriate remedy shall be made by Seller.

This warranty covers replacement parts only unless expressly stated otherwise in writing.

Labor, diagnostics, travel, field service, rigging, removal, installation, freight, shipping, taxes, and other associated costs are specifically excluded.


ITEMS NOT COVERED

This Limited Warranty does not cover normal wear items, including but not limited to:

  • Blast wheels
  • Blast blades
  • Control cages
  • Impellers
  • Nozzles
  • Hoses
  • Belts
  • Bearings
  • Seals
  • Liners
  • Rubber and urethane components
  • Reclaim components
  • Augers
  • Screw conveyors
  • Bucket elevator belts
  • Elevator buckets
  • Conveyor components
  • Chains
  • Sprockets
  • Dust collector cartridges and filters
  • Gaskets
  • O-rings
  • Batteries
  • Glass
  • Fuses
  • Light bulbs
  • Lubricants
  • Fluids
  • Other consumable or maintenance items


Additional Exclusions

This Limited Warranty does not cover damage resulting from:

  • Normal wear and tear
  • Cosmetic defects
  • Rust or corrosion
  • Improper storage
  • Abuse or misuse
  • Neglect
  • Improper maintenance
  • Overloading
  • Accidents
  • Fire
  • Flood
  • Lightning
  • Power surges
  • Improper electrical service or voltage
  • Inadequate compressed air supply
  • Improper blast media selection
  • Contamination
  • Improper installation
  • Unauthorized repairs or modifications
  • PLC or control programming changes
  • Relocation of Equipment
  • Third-party equipment or components
  • Failure to follow Seller's operating or maintenance recommendations
  • Repairs performed without Seller's prior written authorization
  • Damage occurring after risk of loss has transferred to Buyer


Seller does not warrant production rates, cleaning results, throughput, efficiency, media consumption, operating costs, emissions, or suitability of the Equipment for Buyer's intended application.


WARRANTY CLAIM PROCEDURE

To obtain warranty coverage, Buyer shall:

  1. Notify Seller in writing immediately upon discovery of the alleged defect and before expiration of the warranty period.
  2. Provide proof of purchase.
  3. Provide photographs, videos, serial numbers, maintenance records, and any other information reasonably requested by Seller.
  4. Permit Seller a reasonable opportunity to inspect the Equipment before repairs are undertaken.
  5. Obtain Seller's written authorization before replacing or repairing any covered component.


Failure to comply with these requirements may result in denial of warranty coverage.

LIMITATION OF LIABILITY

THIS LIMITED WARRANTY IS BUYER'S SOLE AND EXCLUSIVE REMEDY.


IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRODUCTION, LOSS OF USE, BUSINESS INTERRUPTION, RENTAL EQUIPMENT, LABOR, SHIPPING, REMOVAL, REINSTALLATION, OR FIELD SERVICE EXPENSES.


UNDER NO CIRCUMSTANCES SHALL SELLER'S TOTAL LIABILITY EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE EQUIPMENT GIVING RISE TO THE CLAIM.


Except for the Limited Warranty expressly set forth herein, Seller disclaims all implied warranties, including merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law.


This Limited Warranty is non-transferable and applies only to the original purchaser unless Seller expressly agrees otherwise in writing.


USED EQUIPMENT ACKNOWLEDGMENT


Buyer acknowledges that the Equipment is previously owned and used industrial machinery. Cosmetic wear, surface rust, corrosion, previous repairs, replacement components, modifications, missing non-essential components, and normal deterioration are inherent characteristics of used equipment and shall not constitute defects, nonconformities, or grounds for rejection, return, cancellation, or warranty claim unless expressly covered by the Limited Warranty.


INSPECTION AND OPERATIONAL TESTING DISCLAIMER


Buyer acknowledges that Seller does not perform wet runs, production demonstrations under load, or operational testing using Buyer's products, media, or materials at Seller's New Kensington, Pennsylvania facility.


Any inspection or demonstration provided shall be limited to the extent Seller determines appropriate.


Upon request, Seller may provide photographs and/or video recordings of Equipment in operation. Buyer acknowledges that such photographs and videos are provided solely for informational purposes and do not constitute any representation, guarantee, certification, or warranty regarding the Equipment's condition, capacity, production rate, throughput, cleaning results, reliability, suitability, or future performance.


Actual operating results depend upon installation, utilities, maintenance, blast media, workpiece characteristics, operating environment, operator practices, and numerous factors beyond Seller's control.


ENTIRE AGREEMENT


These Terms, together with the applicable quotation, invoice, purchase order accepted by Seller, and sales agreement, constitute the entire agreement between Buyer and Seller concerning the sale of the Equipment.


Buyer acknowledges that it has not relied upon any oral statements, prior negotiations, brochures, advertisements, photographs, videos, emails, estimates, sales presentations, or other representations not expressly contained in a written agreement signed by an authorized representative of Seller.


No modification or waiver of these Terms shall be effective unless made in writing and signed by both parties.


RISK OF LOSS

Risk of loss and responsibility for the Equipment shall transfer to Buyer upon the earlier of:


  • Delivery of the Equipment to Buyer;
  • Buyer's pickup of the Equipment; or
  • Delivery of the Equipment to the carrier for shipment.


Buyer is solely responsible for obtaining any desired shipping or transit insurance after risk of loss has transferred.


FORCE MAJEURE

Seller shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, fire, flood, labor disputes, shortages of materials, transportation delays, governmental actions, war, terrorism, pandemics, utility interruptions, or other events beyond Seller's reasonable control.


SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


GOVERNING LAW AND VENUE

These Terms and all sales of Equipment shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.


Any legal action arising out of or relating to the sale of the Equipment shall be brought exclusively in the Court of Common Pleas of Westmoreland County, Pennsylvania, or the United States District Court having jurisdiction over Westmoreland County, Pennsylvania, and Buyer irrevocably consents to the jurisdiction and venue of those courts.