Original proof of purchase and delivery and written notification within the warranty period are required
for all warranty claims. ESKO reserves the right to apply reasonable service charges for equipment deemed
to be returned without proper justification.
This warranty applies only to the original purchase of ESKO products from ESKO directly or through an
authorized ESKO distributor and is not assignable. Equipment manufactured by other vendors carries the
vendor's or manufacturer's standard warranty.
This warranty is limited to the above and does not apply to defects resulting from any Customer actions
or inactions such as normal wear and tear in industrial operating conditions, abnormal operating conditions,
inadequate maintenance, improper use or installation, operation outside of technical specifications, improper
repair or modifications not expressly approved by ESKO. No other warranties are expressed or implied.
ESKO specifically disclaims any implied warranties of merchantability or fitness for a specific purpose.
ESKO's liability shall be limited to the actual purchase price of any defective unit or units of equipment
to which a claim is made, and shall in no event include the Customer's manufacturing costs, lost profits
or goodwill, or any other direct, indirect, special, incidental or consequential damages whether based on
contract, tort or other legal theory. ESKO shall not be liable for manufacturing defects or customary variances
from specifications that are within industry norms.
In the event that the Customer purchases or uses any ESKO products for an unintended use (such as applications intended to sustain or support life, in nuclear facilities, or any other application where the failure of the product could create a situation where catastrophic property damage, personal injury or death may occur), the Customer shall indemnify and hold harmless ESKO and its officers, directors, employees, agents, affiliates, successors and assigns against all claims, costs, damages and expenses arising out of or in connection with, directly or indirectly, any claim for property damage, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that ESKO was negligent regarding the design and manufacturing of the subject product.