1.Applicability.  These Warranty⁺ terms and conditions (these “Warranty⁺ Terms“) govern the sale by Chemtrac, LLC (“Seller“) of extended warranty coverage marketed as Warranty⁺ to the purchaser identified on the applicable quotation, Sales Confirmation or order acknowledgment (“Buyer“). These Warranty⁺ Terms are a rider to, and are incorporated into, Seller’s General Terms and Conditions of Sale published at chemtrac.com/terms-and-conditions (the “General Terms“). Except as expressly modified here, the General Terms apply in full, and any term not defined here has the meaning given to it in the General Terms. In the event of a conflict between these Warranty⁺ Terms and the General Terms with respect to the subject matter of Warranty⁺ coverage, these Warranty⁺ Terms control; in all other respects the General Terms control.

2.Nature of the Coverage.  Warranty⁺ is an optional extension of the duration of the limited warranty set out in Section 10 of the General Terms, together with the additional service commitments described in Sections 8 through 11 below. Warranty⁺ is not insurance, is not a service contract for scheduled maintenance, and does not expand the scope of the defects that are warranted. “Covered Equipment” means each item of eligible Goods appearing on the same order as the corresponding Warranty⁺ purchase, excluding the items identified in Section 7.

3.Standard Warranty Period.  Each of Seller’s instruments carries the limited warranty described in Section 10 of the General Terms, which for most of Seller’s instruments is for twelve (12) months from delivery (the “Standard Warranty Period“). Warranty⁺ adds one (1), two (2) or three (3) additional years of that same defect coverage to the Standard Warranty Period.

4.Term and Commencement.  Warranty⁺ is sold only in terms of one (1), two (2) or three (3) additional years. Three (3) years is the maximum term available. The Warranty⁺ term begins on the day the Standard Warranty Period expires and does not run concurrently with it, so that the full purchased term is added to the end of the Standard Warranty Period. A three (3) year Warranty⁺ term therefore provides coverage through the end of the fourth year from delivery.

5.Price.  Warranty⁺ is priced at five percent (5%) of the published list price of each item of Covered Equipment, per year of coverage. Price is calculated on list price and not on the discounted or net price paid for the Covered Equipment. Coverage is quoted one year at a time, showing the annual rate per covered item with the number of years as the quantity; Seller does not publish a bundled multi-year unit price. Prices are those quoted at the time of purchase and are otherwise subject to Section 2 of the General Terms.

6.Eligibility; When Coverage May Be Purchased.

(a)Domestic customers only. Warranty⁺ is available only where the Covered Equipment ships to, and is installed and operated at, a location within the United States. Warranty⁺ is not available on export orders, on Goods purchased through international distributors, or on Goods relocated outside the United States.

(b)Timing. Warranty⁺ may be purchased at the time the Goods are ordered, or at any time before the Standard Warranty Period expires. Warranty⁺ may not be purchased after the Standard Warranty Period has lapsed and may not be added to Goods already out of warranty.

(c)Relocation. If Covered Equipment is permanently relocated outside the United States during the Warranty⁺ term, coverage terminates on the date of relocation and no refund is due.

7.Coverage and Exclusions.

(a)What is covered. During the Warranty⁺ term, and for the Covered Equipment only, Seller warrants the Covered Equipment to be free from defects in material and workmanship on the same basis as Section 10 of the General Terms. Coverage includes controllers, electronics, enclosures and housings; parts and labor for repair performed at a Seller facility; and all eligible hardware appearing on the covered order, including analyzers, controllers, options and mounting hardware, and not the analyzer alone. Coverage also includes the shipping and loaner commitments set out in Sections 8 and 9.

(b)What is not covered. Warranty⁺ does not cover: (i) pH and ORP sensors and probes of any type and regardless of term, the service life of which is shorter than any purchasable Warranty⁺ term, provided that the remainder of a pH or ORP system, including the controller, electronics and housing, remains eligible; (ii) streaming current probe sleeves, pistons and yokes; (iii) consumables and reagents of any kind, including electrolyte, membrane caps, reagents, standards, tubing and cleaning supplies; (iv) factory calibration and scheduled service, which are service activities rather than defect remedies and are available separately; (v) on-site labor, travel and field service of any kind, the Warranty⁺ remedy being bench repair at a Seller facility; (vi) installation, commissioning and start-up; (vii) damage or failure resulting from misuse, abuse, accident, neglect, improper installation, operation outside published specifications, chemical incompatibility, freezing, power surge or force majeure; (viii) Goods that have been modified, or repaired or opened by anyone other than Seller or a Seller-authorized party; (ix) cosmetic wear and consumable wear items generally; and (x) any Goods for which Warranty⁺ was not purchased.

(c)Effect of an exclusion. Where an exclusion applies, it voids coverage for that failure only. The Warranty⁺ agreement remains in force for the remainder of its term and for all other failures.

8.Service Procedure; Freight.

(a)Buyer shall contact Seller to report a suspected defect. Seller will first attempt to resolve the issue remotely.

(b)If the Covered Equipment must be returned, Seller will issue a Return Goods Authorization (“RGA“). Goods returned without an RGA may be refused.

(c)Seller will provide a prepaid return shipping label for Covered Equipment sent in for warranty repair, and will pay the return freight to ship the repaired Covered Equipment back to Buyer. Freight paid by Seller under this Section 8 is standard ground service within the United States; expedited service is available at Buyer’s expense.

(d)Seller will repair or, at Seller’s option, replace the defective item and return it to Buyer.

(e)Goods returned that are found to be outside the scope of Section 7(a), or excluded under Section 7(b), may be quoted for repair at Seller’s standard rates, and all freight costs for that unit become Buyer’s responsibility.

9.Loaner Equipment.

(a)Guaranteed families. While Covered Equipment from Seller’s Chlorine, Streaming Current and LCA product families is at a Seller facility for warranty repair, a loaner unit will ship within one (1) business day of RGA issuance and will remain with Buyer until the repaired unit is returned.

(b)All other product families. A loaner unit is provided subject to availability and is not guaranteed.

(c)Freight. Seller pays the outbound freight to send the loaner unit. Buyer is responsible for the return shipment of the loaner unit, including freight and appropriate packaging.

(d)Condition and return. The loaner unit remains the property of Seller. Buyer shall return it in the condition received, ordinary wear excepted, within ten (10) business days of receiving the repaired unit. Buyer is responsible for loss of or damage to the loaner unit while it is in Buyer’s possession or in transit back to Seller. Loaner units not returned may be invoiced at list price.

(e)A loaner unit is provided for defect failures under Warranty⁺ only. It is not a rental and is not provided for downtime unrelated to a Warranty⁺ claim.

10.Priority Support.  For the full term of coverage, support requests from Warranty⁺ customers are placed ahead of the general queue.

11.Consumables and Reagents Discount.  Warranty⁺ includes a standing five percent (5%) discount on consumables and reagents for the term of coverage. The category is open and includes, without limitation, chlorine electrolyte, membrane caps, streaming current pistons and probe sleeves, alkalinity reagent, DPD reagent, verification standards and particle counter cleaning brushes.

12.Discounts Do Not Stack.  Where Buyer holds both Warranty⁺ and a Seller service contract, or is otherwise eligible for more than one discount on the same item, the larger single discount applies. Discounts are not combined. Warranty⁺ and a Seller service contract cover different subject matter and may be held on the same unit at the same time.

13.Transfer.  Warranty⁺ transfers with the Covered Equipment on resale at no charge, for the remainder of its term, provided the Covered Equipment remains within the United States. Buyer shall notify Seller of the new owner so that Seller’s records may be updated.

14.Cancellation and Refund.  Warranty⁺ is refundable only where the underlying Goods are returned under Seller’s published 30-Day Return Policy, in which case the Warranty⁺ charge is refunded in full. There is no other refund. Warranty⁺ may not be cancelled for a partial or prorated refund at any point in its term.

15.Acceptance.  No separate signature is required. These Warranty⁺ Terms are incorporated by reference into the quotation and order acknowledgment on which Warranty⁺ appears, and the current version is published at chemtrac.com/warranty-plus and referenced in the description of the Warranty⁺ line item. Placing an order that includes Warranty⁺ constitutes acceptance of these Warranty⁺ Terms.

16.Disclaimer.  Except for the extension of duration and the service commitments expressly set out in these Warranty⁺ Terms, Warranty⁺ does not alter, expand or waive any provision of the General Terms. Seller makes no warranty whatsoever with respect to the Goods, including any (a) warranty of merchantability, (b) warranty of fitness for a particular purpose, (c) warranty of title, or (d) warranty against infringement of intellectual property rights of any third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise, other than the limited warranty described in Section 10 of the General Terms as extended in duration by these Warranty⁺ Terms.

17.Limitation of Liability.

(a)Seller’s sole and entire liability, and Buyer’s sole and exclusive remedy, under these Warranty⁺ Terms is the repair or, at Seller’s option, replacement of the Covered Equipment in accordance with Section 8.

(b)In no event shall Seller be liable for any consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, lost production, lost product, regulatory penalties, diminution in value, or the cost of substitute equipment or services, arising out of or relating to Warranty⁺, whether or not the possibility of such damages was disclosed or could have been reasonably foreseen.

(c)In no event shall Seller’s aggregate liability arising out of or relating to Warranty⁺ exceed the total of the amounts paid to Seller for the Covered Equipment giving rise to the claim.

(d)The limitations in this Section 17 are in addition to, and do not enlarge, the limitations of liability set out in Section 11 of the General Terms.

18.Governing Law; Venue.  These Warranty⁺ Terms are governed by, and the parties’ rights under them are determined in the same forum as, the General Terms, in accordance with Sections 18 and 19 of the General Terms.

19.Changes.  Seller may revise these Warranty⁺ Terms from time to time. The version in effect at the time of purchase governs that Warranty⁺ agreement for its full term.