Standard products manufactured by Production Energy Services Inc. (Company) are warranted to be free from defects in workmanship and material for a period of 120 days from the date of shipment, and products which are defective in workmanship or material will be repaired or replaced, at the option of the Company, at no charge to the Buyer.
Products manufactured by the Company are designed to perform well under reasonable conditions. Usage of products under extreme conditions and not within recommended guidelines can and will cause excessive wear and damage to the products.
Final determination as to whether a product is actually defective rests with the Company. The obligation of the Company hereunder shall be limited solely to repair and replacement of products that fall within the foregoing limitations, and shall be conditioned upon receipt by the Company of written notice of any alleged defects or deficiency promptly after discovery within the warranty period, and in the case of components or units purchased by the Company, the obligation of the Company shall not exceed the settlement that the Company is able to obtain from the supplier thereof. No products shall be returned to the Company without its prior consent. Products which the Company consents to have returned shall be shipped F.O.B. the Company’s factory. The Company cannot assume responsibility or accept invoices for unauthorized repairs to its components, even though defective. The life of the products of the Company depends, to a large extent, upon the type of usage thereof, and the Company makes no warranty as to fitness of its products for specific applications by the buyer nor as to period of service unless the Company specifically agrees otherwise in writing after the proposed usage has been made known to it.
The foregoing warranty is exclusive and in lieu of all other warranties expressed or implied, including, but not limited to any warranty of merchantability or of fitness for a particular purpose.