ESSEX Crewmember PBE Warranty

Essex P.B.&R. Corp.

Statement of Warranty for Protective Breathing Equipment (PBE)

Essex P. B. & R. Corp. warrants that: (1) The Essex Crewmember PBE (hereinafter referred to as the “unit”) meets the requirements of FAA TSO-C116 and TSO-C99 and CAA; and (2) The Essex Crewmember PBE is, and will remain free from defects in material and workmanship, whether patent or latent, for up to the replace by date which is a period of ten (10) years and six (6) months from the date of manufacture when properly stowed aboard aircraft in containers supplied or approved by Essex P. B. & R. Corp.

For those units equipped with a humidity indicator, the loss of vacuum in the inner packaging does not render the PBE unserviceable. Units with barrier pouches that have lost vacuum remain serviceable as long as the humidity indicator remains blue. Although if a unit is found to have a damaged barrier pouch, e.g. cut, puncture or other damage, the unit should be pulled from service and sent back for repair at the customer’s expense.

The liability of Essex P. B. & R. Corp. for any defect in any unit, and the sole and exclusive remedy of the buyer, shall be limited to the repair or replacement of the defective unit, or a refund of the original purchase price (pro-rated in proportion to the ten (10) year and six (6) month warranty) at the sole discretion of Essex P. B. & R. Corp. The obligation to repair, replace, or provide a pro-rated refund shall terminate ten (10) years and six (6) months after the date of manufacture of the unit.

This warranty is in lieu of all other warranties and representations, expressed or implied, and all other obligations and liabilities of Essex P. B. & R. Corp. Correction of defects, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Essex P. B. & R. Corp. whether based on warranty, tort, contract or otherwise. Under no circumstances shall Essex P. B. & R. Corp. be liable for any punitive, special, incidental or consequential damages.

This warranty shall not apply to any unit that has been stowed in an unauthorized container, which has been repaired or altered by anyone other than Essex P. B. & R. Corp., or which has been subject to misuse due to negligence or accident, or the failure to use the unit in accordance with the User Reference and Procedures Manual supplied by Essex P. B. & R. Corp.

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF ESSEX P. B. & R. CORP.

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