WARRANTY, TERMS & CONDITIONS

1. Warranty. Except as provided herein, Bry-Air warrants that its goods will be free of manufacturing defects for a period of 18 months from the date of shipment from Bry-Air’s plant or 12 months from the date of start-up whichever occurs first.  If, despite proper use of the goods, they are found to be defective when shipped, whether this defect shows up immediately or, during the warranty period, Bry-Air will either furnish a replacement part or issue a credit memorandum, at the option of Bry-Air.  However, this warranty does not apply if:

(A) the customer fails to install, operate or maintain the goods in accordance with the Bry-Air Installation, Operation and Maintenance (IOM) instructions; or    

(B) the goods were damaged or destroyed at any time after they were shipped from Bry-Air’s plant.  

If Bry-Air chooses to furnish a replacement part, Bry-Air will ship it F.O.B. point of origin, provided the customer has given Bry-Air immediate notification to obtain a return material authorization number.  To establish the claim, the customer must return the defective part to Bry-Air.  Bry-Air will make no allowance for repairs or alterations without its written consent or approval.  

Furthermore, this warranty does not apply to normal maintenance items such as but not limited to filters, belts, bearings and seals.   

2. Disclaimer of Warranties. Except as set forth in paragraph 1, above, Bry-Air makes no warranty of merchantability, fitness for a particular purpose, or any other warranty, express or implied, as to the goods sold to customer. Except as set forth in paragraph 1, above, Customer acknowledges that the goods are being sold AS IS and represents to Bry-Air that no employee, agent, or representative of Bry-Air has made any warranty or representation regarding the goods.
3. Limitation of Remedy. Bry-Air’s sole obligation under its warranty in paragraph 1 is to furnish necessary replacement parts or a credit memorandum.  Bry-Air is NOT obligated to pay the cost of shipping the defective part to and from Bry-Air’s plant or the labor and other costs to remove or replace parts.  This is Customer’s sole remedy in lieu of all statutory remedies.

In no event will Bry-Air be liable for consequential damages, whether such damages are caused by the non-delivery or late delivery of the goods, the delivery of defective or unordered goods, or any other cause.

4. Freight and Risk of Loss. Unless otherwise stated, all goods are sold F.O.B. Bry-Air’s plant, and from and after the time the goods leave Bry-Air’s plants, Customer has title to them and the risk of loss or damage to the goods is on Customer.
5. Technical Advice when Start-Up is Purchased. Upon request, during the period of 12 months from the date of shipment from Bry-Air’s plant. Bry-Air will, at no charge, furnish 2 hours technical advice via telephone or correspondence to Customer regarding the use of Bry-Air’s goods.  After that period, Bry-Air may, at its ordinary hourly rates, furnish technical advice.  Customer acknowledges and agrees that Bry-Air assumes no obligation or liability for such advice or the results obtained there from and that such advice is given and accepted at Customer’s risk.   
6. Taxes. Unless otherwise stated, the price does not include any taxes or tariffs of any kind.  Customer agrees to reimburse Bry-Air for any taxes required to be paid by Bry-Air upon the sale, transportation, or purchase of the goods sold hereunder.
7. International Sales. For orders outside the Continental United States, Canada, or Puerto Rico, we require an irrevocable letter of credit with engagement of Huntington National Bank, 2055 Polaris Parkway, Columbus, OH 43240, in favor of Bry-Air, Inc., Sunbury, Ohio.  
8. Terms for Domestic Sales.  Unless one of the pre-payment terms is selected, all orders will consist of the agreed upon terms stated on page 1.   Retainage of any kind is unacceptable. 
9. Price. The price for any goods due to customer delay, delivered more than five (5) months from the date of sale will be increased at the rate of 1½% per month for each month, or fraction thereof, that delivery is delayed beyond the fifth month from the date hereof.
10. Modification. Any claim by customer that the parties have modified the above terms shall be ineffective to create additional or different obligations on Bry-Air unless such modification is in writing and signed by an authorized representative of Bry-Air, Inc.
11. Cancellation charges. A restocking charge of 25% will be assessed for any goods returned to Bry-Air that are not under warranty as stated above. Minimum restocking charge is $25.00.  Prior authorization from a Bry-Air representative must be granted before Bry-Air will accept such goods.  A cancellation charge of up to 100% may be assessed by Bry-Air upon the cancellation of orders for which a purchase order has been issued.