Warranty info

CES product warranties vary based on the product type and application. This page provides details regarding the terms and conditions of the different product warranties provided. Please reference each individual product page for the warranty that applies to that particular product.

Supplier hereby provides a limited warranty to Buyer that all Products furnished by Supplier to Buyer shall be free of adulteration at the time Buyer takes possession and free of defects in workmanship. In the event of breach of the foregoing warranty, Supplier shall take reasonable action, at Supplier’s expense, to correct such breach or replace the non-conforming Products with conforming Products. The foregoing remedy is Buyer’s sole and exclusive remedy against Supplier for breach of this warranty. Supplier hereby expressly disclaims all implied warranties, including without limitation any implied warranty as to merchantability or fitness for a particular purpose.

For the avoidance of doubt, Supplier shall not be liable to Buyer or otherwise for any defect or deficiency which results, in whole or in part, from (i) negligent storage or handling of the Products by Buyer, its employees, agents, or contractors, or use that is inconsistent with normal storage or operational conditions or (ii) any misuse, alteration or damage occurring after title of the Products has transferred to Buyer pursuant to the terms hereof.

10-Year-Warranty-Logo
18-month-warranty

12-MONTH LIMITED EXPRESS WARRANTY FOR PRODUCTS / REJECTION OF NON-CONFORMING GOODS:

Acme Cryogenics (“Acme”) warrants to Buyer that the Products of Acme’s own manufacture supplied hereunder will, for a period of 12 months from the date of shipment to Buyer, be free from defects in material and workmanship under normal and proper installation, operating conditions and service. Within 10 days after Buyer’s discovery of what Buyer believes is a defect, Buyer must notify Acme thereof in writing and ship the product (at Buyer’s expense) to Acme Cryogenics at 2801 Mitchell Avenue, Allentown, PA 18103. Thereafter, Acme will, at its option and in its sole discretion, repair or replace any Product or part, individual component or spool thereof, that is found to be defective. This shall be Buyer’s sole and exclusive remedy for any Product or part, individual component or spool thereof, determined by Acme not to comply with the terms of Acme’s limited express warranty.

Notwithstanding the foregoing, Acme shall have no warranty obligation hereunder if all payments due from Buyer have not been made. This limited warranty does not extend to any Product or part that is not installed and used continuously in accordance with Acme’s printed instructions, all applicable state and local regulations, and all applicable national standards. This limited express warranty does not extend to any Product or part that has been damaged by accident, misuse, abuse, failure to maintain or neglect, nor does it extend to any Product or part that has been modified, altered, disassembled or repaired in the field. This limited express warranty does not apply if the Product or part becomes defective in whole or in part as the result of installation or repairs not made by Acme, or as the result of removal, improper use, storage or maintenance, or operation above rated capacities or misapplication thereof after it has been delivered to Buyer. This limited express warranty does not cover any cosmetic issues, such as scratches, dents, marring, fading of colors or discoloration.

Acme’s warranty does not extend to systems designed, in whole or in part, by Buyer or any third party, and Acme accepts no responsibility for the design of said system into which any Products are incorporated, including with respect to whether the system will function as intended by Buyer.

Products and parts made by other manufacturers are not warranted by Acme, and Buyer hereby expressly agrees and acknowledges that Buyer shall only have such warranty with respect to products and parts made by manufacturers and/or persons other than Acme as provided by such other manufacturers and/or persons provided to Acme. No repair or replacement under Acme’s warranty obligations will extend or enlarge the original 12-month limited express warranty period.

Acme shall be responsible for the replacement of non-conforming Products rejected by Buyer, provided that Buyer reports said non-conformance (including, without limitation, errors in quantity or weight) to Acme in writing within ten (10) days of receipt of such goods. If Buyer fails to notify Acme of any non-conformance within ten (10) days of Buyer’s receipt of any Products, Buyer shall be deemed to have accepted all Products delivered subject to Acme’s warranty obligations hereunder.

DISCLAIMER OF ALL OTHER WARRANTIES

EXCEPT AS SET FORTH HEREIN, ACME EXPRESSLY DISCLAIMS AND MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT IT IS NOT RELYING UPON ACME’S SKILL OR JUDGMENT TO SELECT OR FURNISH PRODUCTS SUITABLE FOR ANY PARTICULAR PURPOSE OR UPON ANY AFFIRMATIONS OF FACT OR PROMISES OF ACME WHICH EXTEND BEYOND SPECIFICATIONS MUTUALLY AGREED UPON IN WRITING BY ACME AND BUYER. IN THAT REGARD, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, BUYER AGREES AND ACKNOWLEDGES THAT IT IS ACCEPTING ANY GOODS, SERVICES AND / OR PRODUCTS HEREUNDER ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. FURTHERMORE, BUYER HEREBY EXPRESSLY AGREES AND ACKNOWLEDGES THAT ACME SHALL HAVE NO LIABILITY OF ANY NATURE HEREUNDER BEYOND REPLACEMENT OR REPAIR OF ANY DEFECTIVE PRODUCT, OR PART, INDIVIDUAL COMPONENT OR SPOOL THEREOF, EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND THE LIMITATION OF LIABILITY CONTAINED IN SECTION 22 OF THE ACME CRYOGENICS TERMS & CONDITIONS OF SALE SHALL APPLY IN FULL FORCE.

LIMITATION OF LIABILITY

Incidental and Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ACME’S AGGREGATE LIABILITY WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO THE AMOUNT RECEIVED BY ACME FOR THE PRODUCTS OR SERVICES GIVING RISE TO ANY CLAIM HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ACME SHALL NOT BE SUBJECT TO, AND BUYER EXPRESSLY DISCLAIMS AND WAIVES ANY CLAIM OR INTEREST IN OR TO, ANY AND ALL INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER RESULTING FROM ACME’S PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCTS SOLD OR SERVICES RENDERED PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, THE NEGLIGENCE OF ACME OR OTHERWISE AND WHETHER OR NOT SUCH LOSS WAS FORESEEABLE OR WHETHER BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Specifically Excluded Damages. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ACME SPECIFICALLY DISCLAIMS AND BUYER WAIVES ANY LIABILITY OR CLAIM FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, DAMAGES FOR LOST PROFITS OR REVENUES, LOSS OF USE OF PRODUCTS OR SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS OR FOR ANY OTHER TYPES OF ECONOMIC LOSS AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES.

Remedies. THE DAMAGE LIMITATIONS PROVIDED IN THESE TERMS AND CONDITIONS AND THE REMEDIES STATED HEREIN SHALL BE EXCLUSIVE AND SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN). THIS LIMITATION ON LIABILITY SHALL SURVIVE FAILURE OF ANY ESSENTIAL PURPOSE.

NOTE: Some states do not allow the exclusion or limitation of incidental, consequential or punitive damages, so the above limitation or exclusion may not apply to Buyer. This warranty gives Buyer specific legal rights, and Buyer may have other rights that vary from state to state. The portions of this limited warranty and limitation of liability shall be considered severable and all portions which are not disallowed by applicable law shall remain in full force and effect.

The benefits given by the Limited Warranty above are in addition to any other rights and remedies to which Buyer may be entitled by law.

Limited Services Warranty. Acme warrants that it shall perform Services in a good and workmanlike manner, consistent with the standard of care exercised by Acme in performing services similar to the Services for its other customers. If Buyer notifies Acme in writing of any non-conforming Services no later than 12 months after they are rendered, Acme shall use commercially reasonable efforts to reperform such Services so that they conform to the warranty. However, Acme has no duty to incur costs for corrective reperformance that exceed the costs paid for the Services being reperformed. If Acme is unable to reperform the Services so that they conform to the warranty, Acme shall refund to Buyer the fees paid for such non-conforming Services.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CORRECTIVE REPERFORMANCE OF NON-CONFORMING SERVICES OR REFUND OF FEES PAID THEREFOR AS SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF BUYER, AND THE EXCLUSIVE LIABILITY OF ACME, FOR ANY NON-CONFORMING SERVICES, AND BUYER EXPRESSLY WAIVES ANY OTHER RECOVERY.