The generator you have purchased carries a limited warranty, issued by the manufacturer of your product, Peak Scientific Instruments Limited, 11 Fountain Crescent, Inchinnan Business Park, Inchinnan, Renfrew PA4 9RE, also trading as Peak Industrial (referred to hereafter as "Peak"), and is subject to the following statement:
(1) Peak warrants that, subject to the provisions in this statement, purchased Peak generators, whether purchased directly from Peak or indirectly via an approved, certified and trained distributor or partner (referred to hereafter as a "Peak Partner") will comply in all material respects with any specifications referred to in your customer order confirmation and, subject to installation and operational guidelines being followed as described in applicable product manuals, shall be free from any defects in quality of materials or workmanship for a period of one year from the date of installation, provided this takes place within 3 months of factory dispatch.
(2) Where the purchased generator is from the Precision Hydrogen series, Peak further warrants that, subject to installation and operational guidelines being followed as described in applicable product manuals, the hydrogen cell shall be free from any defects in quality of materials or workmanship for a total period of three years (inclusive of warranty period specified in clause 1) from date of installation, provided this takes place within 3 months of factory dispatch.
(3) Where the purchased generator is from the i-Flow 6000 series, Peak further warrants that, subject to installation and operational guidelines being followed as described in applicable product manuals, the generator shall be free from any defects in quality of materials or workmanship for a total period of two years (inclusive of warranty period specified in clause 1) from the date of installation, provided this takes place within 3 months of factory dispatch and the following provisions have also been met:
a. you must purchase a service plan, ensuring the generator is serviced by Peak or a Peak Partner on or before the end of the first 12 months of your ownership, and serviced at least once during each subsequent 12 month period thereafter;
b. the generator (and any associated equipment) must have been commissioned by Peak or a Peak Partner;
c. the feed air or inlet air supply to the generator must comply with ISO 8573-1:2010 Class 1.2.1 at all times;
d. your air compressor, dryer, filtration and oil removal systems must be deemed suitable for use by Peak or a Peak Partner, and must be changed and serviced regularly, in line with the equipment manufacturer’s recommended guidelines; and
e. any generator failure or fault that is deemed to have been caused by the failure of any upstream equipment, component, part or system (such as air compressor, air treatment or filtration) will be excluded from the warranty described herein.
(4) Peak also warrants that any replacement parts whether purchased (directly from Peak, or via a Peak Partner) or supplied as part of any remedial action undertaken in line with the provisions of clauses 12 and 13, shall be free from any defects in quality of materials or workmanship for a period of 180 days from the date of factory dispatch, provided its installation is performed by Peak or a Peak Partner.
(5) This warranty does not exclude Peak's liability in respect of any claim for death or personal injury to any person, in so far as such can be attributed to negligence or breach of duty of care directly resulting from failure of Peak to comply with the provisions in clauses 1, 2, 3 & 4.
Exclusions & Limitations
(6) This warranty does not cover:
a. damage, deterioration or malfunction resulting from an alteration or modification to a generator which has not been carried out by Peak or a Peak Partner;
b. damage, deterioration or malfunction resulting from what Peak reasonably believes to be abuse, or misuse of a generator by you or any third party;
c. liability for accident or neglect (other than pursuant to clause 5);
d. maintenance or repairs which have not been carried out by Peak or a Peak Partner;
e. operation of a generator or exposure of a generator to environmental conditions that fall out-with operational guidelines as specified in the applicable product user manual; and
f. lightning, power surges or any other acts of God or nature.
(7) This warranty is non-transferrable. Only the original owner of the generator may benefit from the terms within this statement.
(8) Peak shall not be liable in respect of any claim made for costs, damages, losses or expenses (whether consequential, direct, indirect or otherwise) or in any respect howsoever arising including, but not limited to, liability from accident or negligence (other than pursuant to clause 5) that may be suffered by you or any third party.
(9) No person or entity is authorised to change the terms and conditions outlined in this warranty statement in any respect, or to create any additional obligations or liabilities for any party involved.
(10) This warranty statement supersedes any and all prior warranty agreements between the parties and constitutes the complete, final and exclusive understanding of the parties with respect to the subject matter. All prior negotiations, representations, or promises, whether oral or written, of either party shall be deemed to have been merged herein.
(11) If any part of this warranty statement is invalidated, for whatever reason, such part will be deleted and the rest shall remain unaffected, continuing to be in full force and effect.
Delivery of Warranty Service
(12) Subject to clause 13, and:
a. Peak being notified by you, within the duration of the applicable warranty period, of any defect that you think is subject to any warranty valid under clauses 1, 2, 3 or 4; and
b. Peak being permitted to inspect the generators, parts and their installation (along with any relevant packaging)
Peak shall at its option repair or replace defective generators or parts (including, if necessary, any moving parts and irrespective of runtime). No additional charges will apply, for parts or delivery and, where applicable, labour or travel. Peak will endeavor to deliver this service within 3 working days of your notification.
(13) Where, in Peak's reasonable opinion, a defect is subject to an exclusion described in clause 6, Peak reserves the right to charge for parts or delivery and, where applicable, you may also be charged by Peak for call out, labour or travel in respect of any repair or replacement which you authorize Peak to carry out.