MANUFACTURER'S LIMITED WARRANTY & RETURN POLICY
Standard Product Limited Warranty
Subject to the limitations set forth below, Blacoh Fluid Controls, Inc. ("Blacoh") warrants its products to be free from defects in material and workmanship under normal use, service, and maintenance in accord with Blacoh's published specifications for a period of two years from date of shipment by Blacoh (the "Warranty"). The EXCLUSIVE REMEDY for any product defect covered under this Warranty shall be one of the following, as determined by Blacoh in Blacoh's sole discretion: (a) refund of the purchase price; or (b) replacement or repair of the defective part or parts at Blacoh's facility. This Warranty will be null and void if the product is used in an inappropriate application or if the product has been altered, misapplied, improperly installed, or not properly inspected and maintained. To the maximum extent allowed by applicable law, Blacoh will not be responsible for nor have any liability for any "Damage," which means any of the following, whether the claim sounds in breach of contract, breach of warranty, tort, strict liability, implied contractual indemnity, or otherwise: (i) any damage, loss, or injury of any kind, or destruction, or death, whether or not caused by any defect in a Blacoh product and whether or not the Blacoh product is installed, used, operated, and/or maintained in accord with Blacoh instructions, to other products, machinery, buildings, property, or persons, and (ii) any costs, expenses, losses, or incidental, consequential, or special damages of any kind or nature, including but not limited to loss of profits, arising from or related to any Blacoh product, whether or not caused by any defect in a Blacoh product and whether or not the Blacoh product is installed, used, operated, and/or maintained in accord with Blacoh instructions. Damage resulting from chemical incompatibility or from over-pressurization of a product, whether from gas or fluid, is not covered under this Warranty, nor will Blacoh be responsible in any way for any such Damage. Because Blacoh does not determine and cannot anticipate or control the many different conditions under which its products may be used, Blacoh does not warranty the applicability, suitability, or fitness of any of its products for any particular use or purpose. Statements concerning the possible use of Blacoh products are not intended and shall not be interpreted as warranties of fitness for any specific use of such products. Each user of Blacoh products must conduct its own engineering analysis and tests to determine the suitability of each Blacoh product for the user's intended uses or purposes, including but not limited to chemical compatibility and pressurization, and any written or oral assistance from Blacoh in this regard does not relieve the user from exclusive responsibility for such engineering analysis and testing. Blacoh products are sold with only this limited Warranty, and each buyer assumes all responsibility for Damage (as defined above), including but not limited to, Damage arising from defects in Blacoh products and/or from the handling and use of Blacoh products whether used in accordance with Blacoh's directions or otherwise. Any products sold by Blacoh which are manufactured by and sold under the name of another company are NOT WARRANTED by Blacoh under the foregoing Warranty or otherwise. The buyer must rely exclusively on the product warranty, if any, given by such other company. Products manufactured by Blacoh as an original equipment manufacturer (OEM) to be sold by a customer under the customer's brand and name are warranted by Blacoh only under the above Warranty, and Blacoh shall have no liability whatsoever with respect to any representation or warranty given by such customer (or such customer's representatives, distributors, agents, employees, or independent contractors) to any of its buyers which is different in any respect whatsoever from the foregoing Warranty. EXCEPT FOR THE WARRANTY GIVEN ABOVE, WHICH IS SUBJECT TO THE ADDITIONAL LIMITATIONS STATED ABOVE, AND EXCEPT FOR THE ADDITIONAL LIMITED WARRANTY ON BLACOH'S PTFE BELLOWS STATED BELOW, BLACOH GIVES NO WARRANTY OF ANY NATURE WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF ITS PRODUCTS, INCLUDING WITHOUT LIMITATION NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO COURSE OF DEALING, USAGE OF TRADE, OR OTHER ORAL OR WRITTEN STATEMENTS SHALL MODIFY THE FOREGOING WARRANTY PROVISIONS AND LIMITATIONS IN ANY RESPECT WHATSOEVER. This Warranty shall be governed by and construed in accordance with the laws of the State of California.
PTFE Bellows Limited Warranty
In addition to Blacoh's Standard Product Limited Warranty and subject to the limitations set forth below, Blacoh warrants that its PTFE Bellows equipment ("PTFE Bellows") on Blacoh's PTFE Bellows-fitted pulsation dampener will perform in accordance with Blacoh's written product description for three years from date of shipment ("PTFE Bellows Warranty"). This PTFE Bellows Warranty applies only to PTFE Bellows that are sized, charged, installed, used, operated, and maintained strictly in accordance with all installation, use, operation, and maintenance instructions provided by Blacoh, and failure to properly size, charge, install, use, operate, and maintain the PTFE Bellows (or failure to do any of them) shall make the PTFE Bellows Warranty null and void. This PTFE Bellows Warranty does not include applications where failure of performance is due to an unbalanced pressure load or a transient pressure spike (sometimes called a water hammer). The EXCLUSIVE REMEDY for breach of this PTFE Bellows Warranty is replacement of the PTFE Bellows at Blacoh's facility, and not any other equipment or parts whatsoever, and Blacoh will not be responsible for any Damage or any other loss of any kind, including but not limited to incidental, consequential, or special damages (including but not limited to loss of profits), in any way arising from failure of the PTFE Bellows to perform in accordance with Blacoh's written product description. This PTFE Bellows Warranty shall be governed and construed in accordance with the laws of the State of California.
- Prior to returning any product to Blacoh based on a claim of breach of Warranty or PTFE Bellows Warranty, a Blacoh Return Request form must be completed. The form will be reviewed by Blacoh to determine if a Return Merchandise Authorization (RMA) number will be issued. The issuance of an RMA number does not constitute Blacoh's acknowledgment or agreement that the warranty claim is justified or correct.
- If an RMA number is issued by Blacoh, customer should then deliver the product in question to the address specified on the RMA, freight prepaid.
- All products so returned to Blacoh based on a claim of breach of Warranty or of PTFE Bellows Warranty must be cleaned, sanitized and neutralized prior to shipment to Blacoh. Blacoh will not accept any part that contains corrosive chemicals, organic cultures, blood, any harmful residue or air borne materials that might contaminate a breathable atmosphere or put at risk any person or property. Any shipment that does not comply will be returned at the expense of the customer, or the customer will be required to arrange for pickup.
- HAZMAT SHIPMENTS WILL BE REMOVED AND PROCESSED AT CUSTOMER'S EXPENSE.
- Receipt by Blacoh of a return does not constitute Blacoh's agreement that Blacoh is in breach of its Warranty or PTFE Bellows Warranty.
- If Blacoh determines that a defect in workmanship or material of a part has occurred, customer is not entitled to a complete unit replacement. In the event of such a defect, Blacoh will repair or replace the defective part or parts or refund the purchase price, as Blacoh determines in Blacoh's sole discretion.
New Product Returns
- If a customer wishes to return a new, unused product, the customer must first request a Return Merchandise Authorization (RMA) number from Blacoh. Blacoh will determine if the unit can be returned for possible credit.
- Product to be returned must be new, unused, and of current design and purchased within thirty (30) days of the return request. In addition the product must not have been damaged after original shipment by Blacoh.
- Product returns must be delivered, freight prepaid.
- Blacoh has the right to inspect all returned products prior to acceptance or rejection.
- ALL RETURNS are subject to a minimum $100.00 or 40% restocking fee, whichever is greater. (Higher restocking fees may be charged on special items and some models may not be eligible for return). Returns accepted by Blacoh will be credited to the customer's account less the re-stocking fee. Refunds will not be issued.
- Any outsourced product supplied by Blacoh will be subject to the warranty, return policy and re-stock fee charged by the manufacturer of the outsourced product.