Exclusive Two-Year Warranty
LIMITED WARRANTY TO ORIGINAL PURCHASERS. Blue M (“Blue M”) warrants to the original purchaser that Blue M owns and will convey clear title to each product that it manufactures and delivers. Additionally, and provided the original purchaser has paid the full purchase price for a product or service, Blue M warrants that from the date it ships and, if applicable, installs a product, or finishes performing a service, the product Blue M manufactured shall conform to written specifications that Blue M approved, and the product shall be free from defects in material and workmanship for twenty-four (24) months, (with the exceptions of the Ultra Temp and LO/GO series, which have a 12 month warranty). Blue M further warrants that any service it performs shall conform to written specifications that Blue M approved and be free from defects in workmanship for twenty-four (24) months (with the exceptions of the Ultra Temp series, which are covered for 12 months. No service warranty for LO/GO series). If a purchaser purchases a TPS Preventive Maintenance & Calibration plan at the end of the warranty period, these limited warranties shall each be extended by twelve (12) months, (with the exceptions of the LO/GO series) subject to the exclusions below. If, within that time period, the original purchaser notifies Blue M in writing of an alleged non-conformity, and Blue M determines, to its reasonable satisfaction, that a product or service is, in fact, non-conforming, then Blue M shall, at its option and expense, repair or replace the non-conforming product or correct the non-conforming service, either at the original purchaser’s or Blue M’s factory. Warranty Exclusions. This limited warranty shall not apply to (i) labor to replace a part in a product located outside of the U.S., (ii) a service Blue M performed outside of the U.S., (iii) any loss or damage resulting from normal wear and tear or alteration, misuse, or abuse, including any loss or damage caused by customer products or processes, (iv) improper installation, operation, maintenance, or repair by the original purchaser or a third party with or without TPS’ permission, (v) improper water quality out of range specifications as noted by TPS, (vi) improperly configured customer controllers or customer training issues, (vii) consumable items, including, but not limited to, filters, drive belts, light bulbs, lamps, wear strips/surfaces, gaskets, fuses, conveyor belts, contactors, valves, spark plugs, and other similar items. If on-site warranty work is required for a product located outside of the continental U.S, Blue M will charge the customer on a time and materials basis, plus reasonable expenses for travel, lodging and meals. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, AND STATES BLUE M’S ENTIRE WARRANTY AND THE ORIGINAL PURCHASER’S SOLE AND EXCLUSIVE REMEDY RELATED TO PRODUCTS OR SERVICES BLUE M PROVIDED. BLUE M EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPOSED BY COURSE OF DEALING OR USAGE OF TRADE.
Blue M may suspend and withhold service under this Warranty if a customer violates of any of this Warranty’s or the applicable purchase order’s or invoice’s terms and conditions. Further, Blue M shall not be liable for any of a customer’s loss of production, expenses, and inconveniences incurred due to such suspension or due to time needed to respond to a warranty claim.
Blue M may require a customer to acknowledge and agree beforehand to pay Blue M’s diagnostic and repair costs if Blue M provides the customer with non-warranted parts and/or services.
Standard shipping is included for warranty replacement parts. Expedited shipping is also available for an additional fee.
NO WARRANTY FOR UNSPECIFIED TESTING, INCLUDING TESTING INVOLVING HAZARDOUS MATERIALS. Before placing an order, a purchaser must disclose and specify all products it intends to test and all products it intends to use in connection with such testing using a Blue M product. If the purchaser intends to use a Blue M product to test ANY undisclosed or unspecified product OR IN CONNECTION WITH ANY HAZARDOUS, COMBUSTIBLE, FLAMABLE OR CAUSTIC MATERIALS, INCLUDING, WITHOUT LIMITATION, BATTERIES OR SOLVENTS, the purchaser must notify Blue M of such intended use prior to purchasing the Blue M product and supply Blue M with all proprietary SDS, process, or specific material of construction information that Blue M reasonably requests. Without such information, Blue M cannot determine if its product is suitable to use for such testing. Consequently, IF THE PURCHASER USES A BLUE M PRODUCT FOR SUCH TESTING AND FAILS TO NOTIFY BLUE M OF ITS INTENTION TO DO SO AND/OR FAILS TO PROVIDE BLUE M WITH REQUESTED INFORMATION SO BLUE M CAN DETERMINE IF ITS PRODUCT IS SUITABLE TO USE FOR SUCH TESTING, THEN (i) BLUE M DISCLAIMS ITS LIMITED WARRANTY, ABOVE, AND (ii) THE PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD BLUE M HARMLESS FOR ANY AND ALL DAMAGES OR LOSSES OF ANY KIND TO THE PURCHASER, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, CUSTOMERS OR OTHER THIRD PARTIES, INCLUDING BODILY INJURY, DEATH, OR DESTRUCTION OF REAL OR PERSONAL PROPERTY, RESULTING FROM THE PRODUCT’S USE.