All Products (excluding Prime mechanical products — see below for details)

Dayton-Phoenix Group, Inc. warrants each new complete product, including all accessories manufactured by Dayton-Phoenix Group, Inc., for a period of twenty-seven (27) months. Remanufactured products are warranted for a period of twenty four (24) months. Repaired Products carry a warranty of twelve (12) months on the repaired components only. The warranty period shall begin on the date of manufacture as defined by product serial number.

Dayton-Phoenix Group, Inc. will make repair or replacement, at its option, of any part of such product which malfunctions because of defects in material or workmanship. Repaired-warranted units will finish out the remainder of their warranties.

This warranty does not cover malfunction resulting from: misuse, negligence or accident; improper connections; improper assembly to the driven equipment; operation not within specifications shown on the name plate; alterations not approved by Dayton-Phoenix Group; lack of performance of normal maintenance services; improper storage, handling or installation; or unauthorized service performed. Dayton-Phoenix Group, Inc. assumes no liability for loss of time or profits, inconvenience, loss of use of equipment powered by the motor or other incidental or consequential damages; or labor for removal from or installation of the motor in the driven equipment.

Repairs or replacement qualifying under this warranty will be performed at Dayton-Phoenix Group, Inc. (or an authorized Service Center of our choosing) within a reasonable time following delivery of product to Dayton-Phoenix Group, Inc.'s place of business. Products must be delivered to Dayton-Phoenix Group, Inc. within the warranty period, transportation and handling charges prepaid, with a valid return authorization number. Products cannot be serviced without an assigned return authorization number.

The replacement or repaired product will be returned to the sender with transportation and handling charges prepaid. If the product does not qualify under the provisions of the warranty, it will be returned to the sender as is, with transportation and handling charges collect.

This warranty is the only warranty applicable to the product and is expressly in lieu of all other warranties express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and of any noncontractual liabilities based upon negligence or strict liability. Dayton-Phoenix Group, Inc. neither assumes nor authorizes any other person to assume for it, any other obligation or liability in connection with its products.

Revised 4/16/2007

DDP Services Products

Dayton-Phoenix Group, Inc. warrants remanufactured products, including all accessories thereon, for a period of twenty four (24) months. Dayton-Phoenix Group, Inc. warrants repaired products for twelve (12) months on the repaired components only. The warranty period shall begin on the date of remanufacture or repair as defined by product serial number.

Dayton-Phoenix Group, Inc. will make repair or replacement, at its option, of any part of such product, which malfunctions because of defects in material or workmanship. Repaired-warranted units will finish out the remainder of their warranties.

This warranty does not cover: malfunction resulting from misuse, negligence or accident; improper connections; improper assembly to the driven equipment; operation not within specifications shown on the name plate; alterations not approved by Dayton-Phoenix Group, Inc.; lack of performance of normal maintenance services or improper storage, handling or installation; unauthorized service performed. Dayton-Phoenix Group, Inc. assumes no liability for loss of time or profits, inconvenience, loss of use of equipment powered by the motor or other incidental or consequential damages; or labor for removal from or installation of the motor in the driven equipment.

Repairs or replacement qualifying under this warranty will be performed at an Authorized Service Center of our choosing) with a reasonable time following delivery of product to Dayton-Phoenix Group, Inc.'s place of business. Products must be delivered to Dayton-Phoenix Group within the warranty period, transportation and handling charges prepaid, with a valid return authorization number. Products cannot be serviced without an assigned return authorization number.

The replacement or repaired product will be returned to the sender transportation and handling charges prepaid. If the product does not qualify under the provisions of the warranty, it will be returned to the sender, as is, transportation and handling charges collect.

This warranty is the only warranty applicable to the product and is expressly in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and of any noncontractual liabilities based upon negligence or strict liability.  dayton-phoenix group neither assumes nor authorizes any other person to assume for it, any other obligation or liability in connection with its products.

Revised 4/16/2007

Warranty Statement

Limited Warranty

The sole warranty of Dynamic with respect to products sold to Purchaser is those contained herein. Dynamic warrants to Purchaser, and to Purchaser only, that its products are free from defects in material and workmanship for a period of two (2) years (or one year on certain products) from the date such product was shipped to the Purchaser. THIS WARRANTY OF DYNAMIC CORPORATION IS SUBJECT TO THE WARRANTY LIMITATIONS AND REMEDIES SECTION HEREOF.

Warranty Limitations

DYNAMIC'S WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH THE DESIGN, SALE, OR USE OF DYNAMIC'S PRODUCTS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS.

Remedies

Purchaser's exclusive means of submitting a warranty claim is as follows: Before returning any product, Purchaser must first obtain a return authorization number from Dynamic. To obtain this authorization number, Purchaser must supply Dynamic with the part number, serial number, and the problem reporting resolution (“PRR”) number (or equivalent) for each product by FAX or other appropriate means. Upon receipt of this information, Dynamic agrees to issue immediately a return authorization number by FAX or similar means and accept any product for the purpose of performing a failure analysis on the returned product. Dynamic will refuse any returned product that lacks a return authorization number.

After Purchaser returns a product pursuant to the above exclusive procedure for submitting warranty claims, Dynamic will within a reasonable time make necessary repairs, or, where the foregoing are deemed by Dynamic to be commercially impractical, refund the purchase price. Repair or replacement parts provided under this remedy will be supplied by Dynamic free of charge, F.O.B. shipping point, freight prepaid at the lowest available commercial rate. Purchaser's charges for repairs, replacements, or returns for credit will not be allowed unless previously authorized by Dynamic in writing. Dynamic's liability (whether for breach of contract, breach of warranty, tort, or any other claim) in connection with Dynamic products shall in no event exceed the purchase price of the products. IT IS EXPRESSLY AGREED THAT THE FOREGOING REMEDY IS SOLE AND EXCLUSIVE AND STATES THE FULL EXTENT OF DYNAMIC'S LIABILITY. NO OTHER REMEDY WILL BE ALLOWED, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER CLAIM. DYNAMIC WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM DYNAMIC'S PRODUCTS, INCLUDING WITHOUT LIMITATION FIELD LABOR OR EQUIPMENT COSTS, LOSS OF PROFITS, PRODUCTION, SALES OPPORTUNITIES OR BUSINESS REPUTATION, OVERHEAD EXPENSE, OR DAMAGE TO EQUIPMENT, PERSONS, OR PROPERTY.

Patents

Dynamic agrees to indemnify and hold purchaser harmless against claims of infringement of apparatus claims of any United States patent issued to Dynamic prior to the date of the invoice if such claims are based exclusively upon mechanical infringement by products designed and manufactured by Dynamic. Purchaser agrees to indemnify and hold Dynamic harmless against charges of infringement of any other United States patent, copyright, trademark, or any other proprietary right resulting from the use, possession, sale, or delivery of goods sold by Dynamic. Each such indemnity shall include all costs of defense against such claims, including reasonable attorneys' fees. To be entitled to such indemnity, the indemnified party must notify the indemnifying party in writing of any such claim and tender such party the right to defend, settle or make changes for the purpose of avoiding infringement.

Mechanical Products

Dayton-Phoenix Group, Inc. warrants each new mechanical product, including all accessories thereon, manufactured by Dayton-Phoenix Group, for a period of twelve  (12) months.  Dayton-Phoenix Group, Inc. warrants remanufactured mechanical products for a period of twelve (12) months from date of remanufacture.  The warranty period shall begin on the date of manufacture as defined by product serial number.

Dayton-Phoenix Group, Inc. will make repair or replacement, at its option, of any part of such product, which malfunctions because of defects in material or workmanship.  Repaired-warranted units will finish out the remainder of their warranties.  

This warranty does not cover: malfunction resulting from misuse, negligence or accident; improper connections; improper assembly to the driven equipment; operation not within specifications shown on the name plate; alterations not approved by Dayton-Phoenix Group, Inc.; lack of performance of normal maintenance services or improper storage, handling or installation; unauthorized service performed.  Dayton-Phoenix Group, Inc. assumes no liability for loss of time or profits, inconvenience, loss of use of equipment powered by the motor or other incidental or consequential damages; or labor for removal from or installation of the motor in the driven equipment.

Repairs or replacement qualifying under this warranty will be performed at Dayton-Phoenix Group, Inc. (or an authorized Service Center of our choosing) with a reasonable time following delivery of product to Dayton-Phoenix Group, Inc.'s place of business.  Products must be delivered to Dayton-Phoenix Group within the warranty period, transportation and handling charges prepaid, with a valid return authorization number.  Products cannot be serviced without an assigned return authorization number.

The replacement or repaired product will be returned to the sender transportation and handling charges prepaid.  If the product does not qualify under the provisions of the warranty, it will be returned to the sender, as is, transportation and handling charges collect.

This warranty is the only warranty applicable to the product and is expressly in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and of any noncontractual liabilities based upon negligence or strict liability.  dayton-phoenix group neither assumes nor authorizes any other person to assume for it, any other obligation or liability in connection with its products.

Revised 8/28/2006