LIMITED WARRANTY PROVISIONS RELATED TO MAXAIR HELMET, LITHIUM ION BATTERY, AND NON-CONSUMABLE PRODUCTS:
THE MANUFACTUERER – SYNTECH INTL, INC – LIMITED WARRANTY PROVIDES THAT, SUBJECT TO THE FOLLOWING LIMITATIONS, AND WHEN USED SPECIFICALLY AS AUTHORIZED BY US AND WITHOUT MODIFICATION THERETO, EACH MAXAIR HELMET, LITHIUM ION BATTERY, AND NON-CONSUMABLE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND WILL CONFORM TO SELLER’S SPECIFICATION FOR THE PARTICULAR PRODUCT. THIS LIMITED WARRANTY IS IN EFFECT FOR A PERIOD OF ONE YEAR (12 CALENDAR MONTHS) FROM THE DATE OF DELIVERY. SUBJECT TO APPLICABLE LAW, AND WITHOUT LIMITATION ON THE FOREGOING, WE LIMIT THE DURATION AND APPLICABILITY OF ANY AND ALL IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE) TO 1 YEAR FROM THE TIME THE PRODUCTS ARE DELIVERED TO YOU. PLEASE NOTE THAT SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
WITHIN THE LIMITED WARRANTY PERIOD, MANUFACTURER MAY ELECT WHICH REMEDY, REPAIR, REPLACEMENT, OR COMBINATION OF THE FOREGOING, TO PROVIDE TO BUYER, IN ITS SOLE DISCRETION.
MANUFACTURER SHALL HAVE A REASONABLE TIME AFTER DETERMINING THAT A DEFECTIVE PRODUCT EXISTS TO REPAIR OR REPLACE A DEFECTIVE PRODUCT. MANUFACTURER’S REPLACEMENT PRODUCT UNDER THIS LIMITED WARRANTY WILL BE MANUFACTURED FROM NEW AND SERVICEABLE USED PARTS. MANUFACTURER’S LIMITED WARRANTY APPLIES TO REPAIRED OR REPLACED PRODUCTS FOR THE BALANCE OF THE APPLICABLE PERIOD OF THE ORIGINAL WARRANTY, OR NINETY (90) DAYS FROM THE DATE OF SHIPMENT OF A REPAIRED OR REPLACED PRODUCT, WHICHEVER IS LONGER.
NOTWITHSTANDING THE FOREGOING, THIS WARRANTY SHALL NOT APPLY WHEN THE PRODUCTS ARE SUBJECT TO: NEGLIGENCE, MISCONDUCT, MISUSE, ABUSE, ACCIDENT, IMPROPER INSTALLATION OR HANDLING, UNUSUAL ENVIRONMENTAL CONDITIONS, OR OTHER EXTREME STRESS, ALTERATION, FAILURE TO MAINTAIN PRODUCTS IN ACCORDANCE WITH MANUFACTURER’S RECOMMENDATIONS, DAMAGE CAUSED BY A REPAIR BY ANYONE OTHER THAN US, DAMAGE CAUSED BY USE WITH ANY THIRD-PARTY PRODUCT OR SERVICE (OTHER THAN AS SPECIFICALLY AUTHORIZED IN WRITING IN ADVANCE BY US), OR USE IN VIOLATION OF ANY PROVIDED-FOR INSTRUCTIONS. ANY PRODUCTS MANUFACTURED BY A THIRD PARTY AND INCORPORATED IN ANY GOODS PROVIDED HEREUNDER ARE NOT COVERED BY THIS LIMITED WARRANTY.
LIMITED WARRANTY PROVISIONS RELATED TO MAXAIR CONSUMABLE PRODUCTS:
MANUFACTURE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE PERTAINING TO ITS CONSUMABLE PRODUCTS.
THE ONLY LIMITED WARRANTY MANUFACTURER MAKES AS TO ITS CONSUMABLE PRODUCTS IS THAT THE CONSUMABLE PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND WILL CONFORM TO MANUFACTURER’S SPECIFICATION AT THE TIME OF SHIPMENT TO BUYER. BUYER SHALL HAVE FIVE (5) DAYS AFTER THE DELIERY OF THE CONSUMABLE PRODUCTS TO CLAIM THE CONSUMABLE PRODUCTS ARE DEFECTIVE. BUYER’S SOLE REMEDY FOR DEFECTIVE CONSUMABLE PRODUCTS UNDER THIS LIMITED WARRANTY WILL BE TO CHOOSE FROM ONE OF THE FOLLOWING REMEDIES: 1) RECEIVE A REPLACEMENT CONSUMABLE PRODUCT FOR THE DEFECTIVE CONSUMABLES; OR 2) RECEIVE A REFUND FOR THE DEFECTIVE CONSUMABLE PRODUCTS. UPON MANUFACTURER’S REQUEST, BUYER WILL BE REQUIRED TO SHIP THE DEFECTIVE CONSUMABLE PRODUCTS BACK TO MANUFACTURER FOR FURTHER EVALUATION OR RETURN USING THE SHIPMENT PROCEDURES OUTLINED IN THE CLAIMS PROCEDURES OF BIO-MEDICAL DEVICES INTERNATIONAL INC DBA MAXAIR SYSTEMS.
THE MANUFACTURER SHALL BE IN NO WAY RESPONSIBLE FOR THE GOODS’ PROPER USE AND SERVICE.
NOTWITHSTANDING THE FOREGOING, THIS LIMITED WARRANTY SHALL NOT APPLY WHEN THE GOODS ARE SUBJECT TO: NEGLIGENCE, MISCONDUCT, MISUSE, ABUSE, ACCIDENT, IMPROPER INSTALLATION OR HANDLING, UNUSUAL ENVIRONMENTAL CONDITIONS, OR OTHER EXTREME STRESS, ALTERATION, FAILURE TO MAINTAIN PRODUCTS IN ACCORDANCE WITH MANUFACTURER’S RECOMMENDATIONS, DAMAGE CAUSED BY A REPAIR BY ANYONE OTHER THAN US, DAMAGE CAUSED BY USE WITH ANY THIRD-PARTY PRODUCT OR SERVICE (OTHER THAN AS SPECIFICALLY AUTHORIZED IN ADVANCE BY US), OR USE IN VIOLATION OF ANY PROVIDED-FOR INSTRUCTIONS. ANY PRODUCTS MANUFACTURED BY A THIRD PARTY AND INCORPORATED IN ANY GOODS PROVIDED HEREUNDER ARE NOT COVERED BY THIS LIMITED WARRANTY.
LIMITED WARRANTY PROVISIONS APPLICABLE TO ALL MAXAIR PRODUCTS:
MAXAIR PRODUCTS ARE INTENDED, LABELED, AND PACKAGED FOR SALE TO TRAINED INDUSTRIAL AND OCCUPATIONAL CUSTOMERS FOR WORKPLACE USE. UNLESS SPECIFICALLY STATED OTHERWISE ON THE APPLICABLE PRODUCT PACKAGING OR LITERATURE, THESE PRODUCTS ARE NOT INTENDED, LABELED, OR PACKAGED FOR SALE TO OR USE BY CONSUMERS (E.G., FOR HOME, PERSONAL, PRIMARY OR SECONDARY SCHOOL, RECREATIONAL/SPORTING, OR OTHER USES NOT DESCRIBED IN THE APPLICABLE PRODUCT PACKAGING OR LITERATURE), AND MUST BE SELECTED AND USED IN COMPLIANCE WITH APPLICABLE HEALTH AND SAFETY REGULATIONS AND STANDARDS (E.G., U.S. OSHA, NIOSH, ANSI), AS WELL AS ALL PRODUCT LITERATURE, USER INSTRUCTIONS, WARNINGS, AND OTHER LIMITATIONS, AND THE USER MUST TAKE ANY ACTION REQUIRED UNDER ANY RECALL, FIELD ACTION, OR OTHER PRODUCT USE NOTICE.
AS A CONDITION OF MANUFACTURER’S LIMITED WARRANTY, ALL LIMITED WARRANTY CLAIMS MUST BE PROCESSED BY BIO-MEDICAL DEVICES INTERNATIONAL INC. DBA MAXAIR SYSTEMS; ANY LIMITED WARRANTY CLAIMS SUBMITTED DIRECTLY TO THE MANUFACTURER OR TO ANY OTHER THIRD PARTY WILL BE REJECTED.
THE BUYER MUST FOLLOW THE LIMITED WARRANTY CLAIMS PROCEDURES OF BIO-MEDICAL DEVICES INTERNATIONAL INC DBA MAXAIR SYSTEMS IN ORDER TO QUALIFY FOR THE LIMITED WARRANTY. THE CLAIMS PROCEDURES CAN BE FOUND AT MAXAIR-SYSTEMS.COM/TERMS-AND-CONDITIONS. EMAIL INFO@MAXAIR-SYSTEMS.COM OR CALL (800) 443-3842 FOR LIMITED WARRANTY CLAIMS HELP.
SYNTECH INTL, INC. DOES NOT WARRANT, ENDORSE, OR CERTIFY REPAIRS AND RE-WORK PERFORMED ON MAXAIR BRANDED RESPIRATORS AND COMPONENTS BY UNAUTHORIZED 3RD PARTIES. CURRENTLY THERE ARE NO AUTHORIZED 3RD PARTY MAXAIR BRAND RESPIRATOR REPAIR AND REWORK BUSINESSES.
SYNTECH INTL, INC. DOES NOT CERTIFY, ENDORSE, OR WARRANT COMPONENTS AND PRODUCTS MANUFACTURED BY UNAUTHORIZED 3RD PARTIES CLAIMING COMPATIBILITY WITH MAXAIR BRANDED RESPIRATORS. CURRENTLY, THERE ARE NO AUTHORIZED 3RD PARTY MAXAIR BRAND PRODUCT AND COMPONENT MANUFACTURERS.
WARRANTY COVERAGE WILL BE VOIDED FOR DEFECTS OR DAMAGE CAUSED BY USING THIRD-PARTY PARTS, THIRD-PARTY DISPOSABLES, OR THIRD-PARTY REPAIRS/SERVICES. FURTHERMORE, USE OF NON-MAXAIR DISPOSABLES (DISPOSABLES MANUFACTURED BY ANYONE OTHER THAN SYNTECH INTL, INC) AND REPLACEMENT PARTS MAY VOID CERTIFICATIONS AND MAY COMPROMISE EQUIPMENT PROTECTIONS, EQUIPMENT EFFICIENCIES, AND EQUIPMENT LIFE.
“NIOSH REMINDS USERS THAT ALL NIOSH-APPROVED RESPIRATORS AND THEIR COMPONENTS SHOULD NOT BE MODIFIED. MODIFICATIONS WILL RESULT IN THOSE RESPIRATORS NO LONGER MEETING NIOSH APPROVAL REQUIREMENTS AND MAY LEAD TO A REDUCTION OR LOSS OF EXPECTED PROTECTION FOR THE USER.” (NIOSH RESPIRATORY PROTECTIVE DEVICE INFORMATION (CA 2022-1047) | NPPTL | NIOSH | CDC).
ANY AFFIRMATION OF FACT OR PROMISE MADE BY MANUFACTURER SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE AFFIRMATION OR PROMISE. ANY SAMPLE OR MODEL IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE SAMPLE OR MODEL; AND NO AFFIRMATION OR PROMISE, OR DESCRIPTION, OR SAMPLE OR MODEL SHALL BE DEEMED PART OF THE BASIS OF THE BARGAIN.
THIS LIMITED WARRANTY ONLY APPLIES TO THE ORIGINAL PURCHASER OF THE PRODUCTS AND IS NON-TRANSFERABLE TO OTHER FUTURE PURCHASERS.
THE LIMITED WARRANTY IN LIEU OF ALL OTHER WARRANTIES, AND COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY MANUFACTURER, OR ANY OTHER PERSON ON MANUFACTUERER’S BEHALF.
SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID FOR ANY PRODUCTS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, PROFIT, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNLESS OTHERWISE PROHIBITED BY LAW, THE STATUTE OF LIMITATIONS WILL BE ONE-YEAR FROM THE PRODUCT DELIVERY DATE FOR BUYER TO BRING A LAWSUIT AGAINST MANUFACTURER.
UNLESS OTHERWISE PROHIBITED BY LAW, THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.
UNLESS OTHERWISE PROHIBITED BY LAW, THE EXCLUSIVE FORUM FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT SITTING IN ORANGE COUNTY IN THE STATE OF CALIFORNIA, AND EACH PARTY HEREBY WAIVES ANY CLAIM THAT ANY LEGAL PROCEEDING (INCLUDING ANY TORT CLAIM) HAS BEEN BROUGHT IN AN INCONVENIENT FORUM OR THAT THE VENUE OF THAT PROCEEDING IS IMPROPER.
THIS LIMITED WARRANTY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE BY MANUFACTURER. THE MOST RECENT VERSION OF THIS LIMITED WARRANTY SHALL BE POSTED FOR YOUR REVIEW AT ANY TIME AT HTTPS://MAXAIR-SYSTEMS.COM/TERMS-AND-CONDITIONS . IT IS IMPORTANT TO CHECK FOR UPDATED LIMITED WARRANTY TERMS BEFORE ENGAGING IN FUTHER ORDERS OF MAXAIR PRODUCTS AS LIMITED WARRANTY TERMS MAY HAVE CHANGED.
IN THE EVENT THAT ANY PART OR PORTION OF THIS LIMITED WARRANTY IS DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.