HRV100i User Guide
Contents
1. 2 Controls contd 2 2 Optional Main Controls cont d 2 2 2 Lite Touch Main Wall Control Activate the push button the color of the indicator shows the unit operating mode vcoo80 Suggested Use Green Intermittent Select this mode when you are away from the house for a few days Also when you deem the inside air is too dry in heating season or too humid during cooling season In this mode the unit is OFF for 40 minutes per hour and ventilates at minimum speed the remaining 20 minutes of the hour Yellow Min Speed For normal daily operation Ventilation Max Speed For excess pollutants and humidity Ventilation parties odors smoke etc 3 Maintenance N WARNING Risk of electric shock Before performing any maintenance or servic ing always disconnect the unit from its power source When clean ing the unit it is recommended to wear safety glasses and gloves Since this guide covers HRV units top and side ports the illustrations shown in the maintenance procedures are typical core appearance may vary Refer to pictures below to identify the inner parts of your unit 1 HRV core 3 Foam filter brackets 2 Core retainers 4 Foam core filters 3 1 Semi annual Maintenance 1 Unplug the unit Z WARNING Be careful before opening the door water or small debris could fall out 2 Unlatch the door and open it Clean the inner side of the door with2. standby 5 Press OK button to accept and quit setting menu 1OFF in standby On 20 min h mode the ventilation unit is OFF for 40 minutes and exchanges air with the outside on low speed during the remaining 20 minutes of the hour This is the default value 2RECIRCULATION in standby On 20 min h mode the ventilation unit recir culates the inside air for 40 minutes on high speed and exchanges air with the outside on low speed during the remaining 20 minutes of the nonr 2 Controls contd 2 2 Optional Main Controls cont d 2 2 1 Deco Touch Main Wall Control cont d DEHUMIDISTAT OVERRIDE SELECTION In the operating modes MIN MAX 20 miN H and RECIRC the user can select a dehumidistat override so that if the relative humidity RH in the house exceeds the RH setting previously stored the ventilation unit will exchange in high speed until the target indoor RH setting is reached An air exchanger is not a dehumidifier but it can change the indoor relative humidity by bringing in drier or more humid air from out side during non heating season The dehumidistat override function is useful to reduce indoor RH when the outdoor air is cool and dry during the heating season Select a target RH between 30 and 55 according to your comfort When outdoor relative humidity is high e g in summer turn off the override by pressing OK until the RH display disappears When the dehumidistat override is
3. H CE MAX Air is exchanged with the outside on high speed Or 2 Controls contd 2 2 Optional Main Controls cont d 2 2 1 Deco Touch Main Wall Control cont d How TO SET THE RELATIVE HUMIDITY RH LEVEL AND CHOOSE BETWEEN OFF IN STANDBY OR RECIRCULATION IN STANDBY Setting the relative humidity level allows you to select the maximum desired indoor humidity level in percentage This value will be used to start the dehumidistat override air exchange in high speed Press and hold OK for three sec to access the settings menu The backlight will be acti vated during all of the procedure The relative humidity arrow and value will flash default setting 45 Use UP or DOWN arrow to change the CN ut Geet ai value The value changes by 1 incre be weils uum Seck U HUM lt ments Lower value 30 Upper value 55 Still flashing CEN Press OK button to accept the new value and Ce go to next settting am Two lines are flashing to show that OFF is in lt standby default configuration setting OR q Use UP or DOWN 2 ORY gt arrow to change to ERA Press OK button to accept SH RECIRCULATION and quit setting menu in standby N Recirculation arrows are turning and rE flash es to show that RECIRCULATION is in
4. and its affiliates and their respective shareholders officers directors members agents and employees against any claim by such third party or its guests or invitees to the extent that the claim seeks to recover damages or otherwise to invoke any legal or equitable remedies beyond those for which Seller has agreed to be liable hereunder 9 Excuse of Performance Seller has no liability for non performance due to acts of God acts of Buyer war declared or undeclared terrorism or other criminal conduct fire flood weather sabotage strikes or labor or civil disturbances governmental requests restrictions laws regulations orders omissions or actions unavailability of or delays in utilities or transportation default of suppliers or other inability to obtain necessary materials embargoes or any other events or causes beyond Seller s reasonable control each a Force Majeure Event Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of a Force Majeure Event but the remainder of the Agreement will otherwise remain unaffected as a result of the Force Majeure Event If Seller determines that its ability to perform the Services or the total demand for Products is hindered limited or made impracticable due to a Force Majeure Event Seller may delay delivery of Products and Services and allocate its available supply of Products w
5. express or implied Seller has no obligation for Third Party Software failures e THE WARRANTIES SET FORTH IN THIS SECTION 6 ARE SELLER S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO PRODUCTS SOFTWARE AND SERVICES AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY USAGE OF TRADE AND FITNESS FOR A PARTICULAR PURPOSE Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to Buyer SELLER DOES NOT WARRANT THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECT OR MALFUNCTION IN THE SOFTWARE IS CORRECTABLE OR WILL BE CORRECTED THE REMEDIES PROVIDED IN THIS SECTION 6 ARE BUYER S SOLE REMEDIES FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO PRODUCTS AND SERVICES All warranty claims must be received by Seller on or before the end of the applicable warranty period K Limitation of Remedy and Liability Seller s total liability under the Agreement whether in law equity contract infringement negligence strict liability or other otherwise shall not exceed one half the price paid by Buyer under the Agreement for the Product or Services giving rise to the claim Under no circumstances shall Seller be liable for special incidental indirect punitive or consequential damage
6. Seller is not bound to tender delivery of any Products for which Buyer has not provided shipping instructions If shipment of Products is postponed or delayed by Buyer for any reason including a Force Majeure Event defined in Section 9 Seller may move Products to storage for the account of and at the risk of Buyer and the Products will be deemed delivered Products may not be returned except with the prior written consent of Seller which may include additional terms 5 Inspection and Acceptance Unless otherwise agreed in writing signed by Seller Buyer shall inspect Products upon receipt at the first delivery destination Buyer s failure to inspect Products and give written notice to Seller of any alleged defects or non conformity within ten 10 days after receipt at first delivery destination shall constitute Buyer s irrevocable acceptance of Products delivered Notice of any latent defect must be delivered to Seller in writing within ten 10 days of start up 6 Limited Warranty Unless otherwise agreed in writing signed by Seller a Seller warrants i All Products excluding software and spare parts manufactured by Seller will conform to the specifications and submittals provided by Seller and will be free of defects in material and workmanship Defects for 12 months following start up or 18 months following ship date whichever occurs first under normal use and regular service and maintenance if ins
7. D will light RED for the rest of the booting sequence During this RED light phase the unit is checking and resetting the motorized damper position Once the motorized damper position is completely set the RED light turns off and the booting sequence is done NOTE No command will be taken until the unit is fully booted 2 Controls contd 2 2 Optional Main Controls 2 2 1 Deco Touch Main Wall Control BACKLIGHT If the backlight is not illuminated the first button pressed no matter which button shall turn on the backlight The backlight remains illuminated for 10 seconds after the last button pressed VvC0117 OPERATING MODES Easy To change the operation mode of the ventilation unit OR press the UP or DOWN arrow button Operating mode label will then scroll up or down on LCD screen OFF ty Put the unit on standby mode so it will only respond to auxiliary controls if present On LCD screen only the House is visible showing the control is powered on This is the factory default mode VC RECIRC Air is recirculated inside the house at high speed 20 MIN H The ventilation unit exchanges air intermittently on a one hour cycle as follows OFF for 40 min or recirculation on high speed for 40 min see next page and then exchange air during 20 min on low speed Repeat cycle after the 20 min of air exchange ke MIN CE MIN Air is exchanged with the outside on low speed
8. S VENMAR CES User Guide HEAT RECOVERY VENTILATOR HRV100i Model 41202 Model 41200 HRV with ports on top HRV with ports on sides VB0073 VB0075 PLEASE READ AND SAVE THESE INSTRUCTIONS These products earned the P ENERGY STAR by meeting strict energy efficiency guidelines set negt by Natural Resources Canada and the US EPA They meet ENERGY STAR requirements SNA AN only when used in Canada 20250C Congratulations You have made an excellent choice The operating principle of your Heat Recovery Ventilator will give you personal comfort you have never known before We have prepared this User Guide especially for you Please read it care fully to ensure you obtain full benefit from your unit Over the coming months you will increasingly appreciate the feeling of living in a more comfortable house Please take note that this manual uses the following symbols to empha size particular information Z WARNING Identifies an instruction which if not followed might cause serious personal injuries including possibility of death CAUTION Denotes an instruction which if not followed may severely damage the unit and or its components NOTE Indicates supplementary information needed to fully complete an instruction We welcome any suggestions you may have concerning this guide and or the unit and we would appreciate hearing your comments on ways to better serve you Please forward all corr
9. a damp cloth then wipe with a dry one Disengage the door from its hinge by sliding it from left to right and set aside 3 Maintenance cont d 3 1 Semi annual Maintenance cont d N WARNING Always hold the core when rotat ing the two core retainers failure to do so will cause the core to fall out 3 Lift both foam filter brackets 1 and remove the foam filters from the core While holding the core rotate the two core retainers 2 and slide out the core from the unit 4 Clean the inside walls of the unit with a clean damp cloth then wipe with a clean dry one 5 Wash the two core filters under hot water with mild soap Rinse thor oughly and let dry completely before re installing on the core 6 Remove the dust on the core using a vacuum cleaner and a soft brush attachment ZN WARNING Once the core is re installed in the unit always rotate both core retainers to their initial position failure to do so will cause the core to fall out 7 Slide the core into the unit NOTE Once the core is re installed Secure the core by rotating both in the unit the arrows A core retainers to their initial on its sticker label must be position pointing towards the unit motors VB0078 8 Re install both foam filters and secure them to the core by pulling down the two foam filter brackets Re install the door 9 Close the door and plug the unit NOTE The unit will return to its previous setting aft
10. act your Installer 7 The LED of the integrat There is a problem with the thermistor ed control is blinking The unit is still working but always in GREEN defrost mode Contact your Installer 4 Troubleshooting cont d Type of Problem 8 The LED of the integrat There is a problem with the motorized ed control is blinking damper The unit is OFF For a 12 hour AMBER period the unit will try to reset the damper at every 20 to 30 minutes After 12 hours if the problem is not solved the unit stops trying to reset damper Contact your Installer The integrated control The 30 second boot sequence is not com push button does not pleted work See Integrated Control on page 4 If the problem is still not solved call your Installer or the nearest approved Service Center Also you can reach the Customer Service Department at the following phone number 1 866 4 VENMAR 1 866 483 6627 REPLACEMENT PARTS AND REPAIR In order to ensure your ventilation unit remains in good working condi tion you must use the Manufacturer s genuine replacement parts only The Manufacturer s genuine replacement parts are specially designed for each unit and are manufactured to comply with all the applicable certifi cation standards and maintain a high standard of safety Any third party replacement part used may cause serious damage and drastically reduce the performance level of your unit which will result in premature failin
11. activated the AUTO indi cator will appear on LCD screen to show that the actual ICE mode is being overridden Also the relative humidity we appears if it was not shown see example beside Once UA the target humidity level is reached the unit goes back into its original operating mode and AUTO disappears from LCD screen NOTE If the actual mode is MAX only the relative humidity level appears on screen AUTO label will not appear To engage the dehumidistat override press OK The actual indoor RH and the HUM label appear on LCD screen NOTE If the actual RH is less than 20 then the humidity indicator will display LO and if the actual RH is greater than 80 then the humidity indicator will display HI To turn off the dehumidistat override press OK again The RH and HUM display will disappear from LCD screen MAINTENANCE INDICATOR The maintenance indicator is represented by an M in a rounded triangle at the top AN of the house see beside If this indicator is flashing perform the semi annual main tenance and if it is not flashing perform the annual maintenance refer to Section 3 Resetting Maintenance Indicator Press simultaneously gt on both arrow buttons Maintenance indicator will disap AND pear from LCD screen LYA POWER FAILURE After a power failure the wall control returns to its original operation mode All settings are kept in memory 7
12. anufactured by Seller or vii have not been fully paid for by Buyer Refrigerants fluids oils and expendable items such as filters are not covered by this Limited Warranty If Seller has relied upon any specifications information representations or descriptions of operating conditions or other data supplied by Buyer or its agents to Seller in the selection or design of Products and actual operating conditions or other conditions differ any warranties or other provisions contained herein that are affected by such conditions will be null and void c Buyer is solely responsible for determining the fitness and suitability of Products for the use contemplated by Buyer Buyer shall ensure that i the Products are used only for the purposes and in the manner for which they were designed and supplied ii all persons likely to use or come into contact with the Products receive appropriate training and copies of applicable instructions and documentation supplied by Seller iii all third parties who use or may be affected by or rely upon the Products are given full and clear warning of any hazards associated with them or limitations of their effectiveness and that safe working practices are adopted and complied with iv any warning notices displayed on the Products are not removed or obscured v any third party to whom the Products are supplied agrees not to remove or obscure such warning notices Buyer assumes all responsibility
13. applicable to the defective portion of Products repaired or replaced or 30 days following the completion of the repair or ship date of the replacement parts and ii Services will be of workmanlike quality If Buyer notifies Seller of any nonconforming Services within 30 days after Services are completed Seller shall re perform if able to be cured those Services directly affected by such failure at its sole expense Buyer s sole remedy for such nonconforming Services is limited to the cost of re performing the Services b Buyer is responsible for disassembly and re assembly of non Seller supplied products Seller does not warrant and shall have no obligation with respect to any Products that i have been repaired or altered by someone other than Seller or Seller s authorized representative ii have been subject to misuse abuse neglect intentional misconduct accident Buyer or third party negligence unauthorized modification or alteration use beyond rated capacity a Force Majeure Event or improper or a lack of maintenance iii are comprised of materials provided by or designed pursuant to instructions from Buyer iv have failed due to ordinary wear and tear v have been exposed to adverse operating or environmental conditions including but not limited to contaminants corrosive agents chemicals or minerals vi were manufactured or furnished by others and which are not an integral part of a product m
14. ed to defrost the recovery core The defrost frequency varies according to the outside tem perature During the defrost cycle the unit shifts to maximum speed and the damp ers close After defrosting the unit returns to the operating mode selected by the user 2 Controls 2 1 Integrated Control All units are equipped with an integrated control located under the unit in front of the electrical compartment Use the push button 1 to control the unit The LED 2 will then show which mode the unit is in O O O O Te o g VD0182 Refer to the table below to see how to operate the unit using its integrated control PRESS ON PUSH BUTTON LED CoLor RESULTS ONCE AMBER UNIT Is ON Low SPEED TWICE GREEN UNIT IS ON HIGH SPEED THREE TIMES No LIGHT UNIT Is OFF If a problem occurs during the unit operation its integrated control LED 2 will blink The color of the blinking light depends on the type of error detected Refer to Section 4 Troubleshooting on pages 11 and 12 for fur ther details BOOT SEQUENCE The unit boot sequence is similar to a personal computer boot sequence Each time the unit is plugged in after being unplugged or after a power failure the unit will perform a 30 second booting sequence before start ing to operate During the booting sequence the integrated control LED will light GREEN or AMBER for five seconds and then will shut off for two seconds After that the LE
15. er a 30 second delay for boot sequence 3 2 Annual Maintenance Do the same operations as the Semi annual Maintenance Section 3 1 Then clean the exterior hood s 10 4 Troubleshooting If the unit does not work properly reset the unit by unplugging it for one minute and then plug it in again If it is still not working properly refer to table below Type of Problem 1 On Deco Touch maint Contact your Installer wall control error code El or E3 appears on screen 2 Nothing works Check if the unit is plugged in Check if the unit is receiving power from the house circuit breaker 3 Condensation on win See Controls Section on pages 4 to 8 dows inside air too Leave curtains half open to allow air circu humid lation Store all firewood in a closed room with a dehumidifier or in a well ventilated room or store the wood outside Do not adjust the thermostat of your heat ing system below 18 C 64 F 4 Inside air too dry See Controls Section on pages 4 to 8 Temporarily use a humidifier 5 Air too cold at the air Check if the exterior hood is blocked supply grille See Controls Section on pages 4 to 8 Install a duct heater 6 The LED of the integrat a The door is open and the unit is not ed control is blinking unplugged Close the door and press once RED on the integrated control push button to reset the unit b There is a problem with the exhaust motor The unit is OFF Cont
16. espondence to us at the address indicated on the product registration card included with this guide CAUTION Make sure at all times that the outside hood is free from any snow during the winter season It is important to check your unit during a big snow storm so it does not draw in any snow If this is the case please operate the unit in the recirculation mode if available or turn it OFF for a few hours Do not use your HRV during construction or renovation of your house or when sanding drywall This type of dust may damage your system Since the electronic control system of the unit is incorporated with a microprocessor it may not operate correctly because of external noise or very short power failure If this happens unplug the unit and wait approximately 10 seconds Then plug the unit in again Table of Contents e Defrosting MOG Ge iictvcssicsieinssisinvssnnessnedicanseneeiecisines PEE ai te EN 2 1 Integrated Control 2 2 Optional Main Controls c1cccseecseeeneesenes 2 2 1 Deco Touch Main Wall Control 1 c0cc0000e 2 2 2 Lite Touch Main Wall Control Maintenance sesscsecsessesseseeseeseeseeseensensenseseensess 3 1 Semi annual Maintenance c1ccseceeeeeeeees 3 2 Annual Maintenance e Troubleshooting stees 1 Defrosting Mode When the outside temperature is below 5 C 23 F recovery of heat or energy creates frost in the core To maintain its proper operation the unit is programm
17. for any loss damage or injury to persons or property arising out of connected with or resulting from the use of Products either alone or in combination with other Products or components d If Software is Licensed Seller warrants that the Seller originated software included within Products Seller Software when properly installed will substantially conform to the applicable functions specified in its documentation for a period of 30 days following its ship date If any failure to conform to this warranty occurs during such 30 day period Seller shall upon prompt written notice of the specific non conformity from Buyer correct such non conformity by repair or replacement FOB Seller s facility EXW per INCOTERMS 2010 for international shipments of the defective program or refund Buyer s purchase price applicable to the defective program Seller has no obligation for Seller Software failures resulting from i unauthorized modification of the Seller Software ii Buyer or third party supplied software or interfacing or integration with Buyer or third party supplied software The foregoing warranty does not apply to software originating from third parties Third Party Software To the extent applicable and authorized by the Third Party Software supplier Seller hereby assigns to Buyer any warranties provided by such suppliers Seller provides Third Party Software as is without any warranties
18. g Also the Manufacturer recommends to contact a certified service depot for all replacement parts and repairs 12 October 2013 CES GROUP TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale and the non conflicting provisions in Seller s quotation if any acknowledgement or invoice from Seller collectively the Agreement govern in all respects all sales of any products Products and services the Services from the Nortek CES Group legal entity selling Products and Services Seller to purchaser Buyer Buyer acknowledges that Seller through its affiliates i e parents subsidiaries and other affiliates offers expanded manufacturing capability and Seller may in its sole discretion manufacture supply or deliver from any location or source including any of its affiliates any Products or Services and such manufacture supply or delivery from such affiliates shall also be subject to these Terms and Conditions 1 Prices and Taxes Prices are those in effect when Seller accepts a purchase order Seller may accept or reject purchase orders in its sole discretion Buyer must pay or promptly reimburse Seller for any sales use or any other local state provincial or federal taxes arising from the sale or delivery of the Products and Services or provide an exemption certificate All prices models and material specifications are subject to change or withdrawal by Selle
19. ithout obligation to acquire other supplies of any such Products among its customers on such basis as Seller determines to be equitable without liability for any failure of performance In the event of a Force Majeure Event the date of delivery will be extended by a period equal to the delay plus a reasonable time to train and resume production and the price will be equitably adjusted to compensate Seller for such delay and related costs and expenses 10 Laws and Regulations Compliance with any federal state provincial or local laws regulations and directives Laws relating to the installation operation or use of Products or Services is the sole responsibility of Buyer In addition Buyer shall comply with all applicable laws rules regulations and orders related to anti bribery or anti corruption legislation including without limitation the U S Foreign Corrupt Practices Act of 1977 and all national state provincial or territorial anti bribery and anti corruption statuses and as such will make no offer payment or gift will not promise to pay or give and will not authorize directly or indirectly the promise or payment of any money or anything of value to any government official any political party or its officials or any person while knowing or having reason to know that all or a portion of such money or item of value will be offered given or promised for the purpose of influencing any decision or act to a
20. nd refund to Buyer any amounts paid to Seller for such Indemnified Items depreciated over a seven year period This Section 8 states Seller s sole and exclusive remedy with respect to claims of infringement or misappropriation of third party proprietary rights of any kind c If Buyer or any of its agents modifies the Indemnified Items supplied by Seller or combines any of them with any other products or process to produce products or perform a process not furnished by Seller and such modification combination production or performance is the cause of alleged infringement of a United States patent Buyer shall defend and indemnify Seller in the same manner and to the same extent that Seller would be obligated to indemnify Buyer under this Section 8 d Buyer shall indemnify defend and hold harmless Seller and its affiliates and their respective shareholders officers directors members agents and employees against all expenses costs including reasonable attorneys fees claims demands damages liability suits or the like arising in connection with or out of i any breach by Buyer of the Agreement or ii Seller s adherence to specifications or use of material furnished or specified by Buyer or any of its agents Additionally if all or a part of the Indemnified Items sold hereunder are incorporated into an improvement to real property owned by a third party Buyer will indemnify defend and hold harmless Seller
21. quate assurance of due performance may refuse delivery except for cash including payment for all goods previously delivered under the contract or may stop delivery or reclaim the Products in addition to all other remedies provided for by law Buyer s purchase order and any shipping or delivery instructions shall each constitute the Buyer s separate written representation that it is solvent 3 Changes Seller may revise prices dates of delivery and warranties upon acceptance of requests by Buyer for modifications to Products or Services If Buyer rejects proposed changes to made to order Products deemed necessary by Seller to conform to the applicable specification Seller is relieved of its obligation to conform to such specification to the extent that conformance may be affected by such objection in the reasonable opinion of Seller 4 Shipment and Delivery Deliveries of Products title subject to any lawful reservation of Seller s security interest and risk of loss pass to Buyer FOB Seller s 55 01 F01 CES facility EXW per INCOTERMS 2010 for international shipments Buyer is responsible for all demurrage or detention charges Title to any software provided with Products remains with Seller or its supplier Any claims for shortages or damages suffered in transit must be submitted directly to the carrier All shipping dates are approximate and not guaranteed Seller reserves the right to make partial shipments
22. r without notice 2 Payment Except to the extent credit terms are expressly agreed in writing by Seller Buyer shall pay invoices without setoff 1 10 net 30 days from date of invoice in the currency specified on the invoice If Buyer fails to make any payment or pay any invoice according to its terms or upon such credit terms as expressly agreed to in writing by Seller then in addition to all other rights and remedies available to Seller a Buyer is responsible for any and all commercially reasonable charges expenses or commissions incurred by Seller in stopping Terms and Conditions of Sale rev date 25O0ct2013 delivery transportation and storage of Products and in connection with the return or resale of Products b Seller has the right to terminate the Agreement or suspend further performance under the Agreement and other agreements with Buyer and c Buyer shall be liable to Seller for all reasonable costs of collection including reasonable attorneys fees Past due amounts are subject to service charges of 14 per month or the maximum amount permitted by law and if credit terms have been agreed to in writing Seller reserves the right to charge lawful rates of interest upon any outstanding balance whether past due or not Whenever in Sellers judgment reasonable grounds for insecurity arise concerning Buyer s ability to make payment when due Seller may demand additional satisfactory security or ade
23. rties and supersedes all other communications between the parties relating to the subject matter of the Agreement Seller s quotations are offers that may only be accepted in full No conditions usage or trade course of dealing or performance understanding or agreement purporting to modify vary explain reject or supplement the Agreement shall be binding unless made in writing and signed by both parties expressly and specifically referencing the Agreement and no modification or objection shall be caused by Seller s receipt acknowledgement or acceptance of purchase orders shipping instruction forms or other documentation containing different or additional terms to those set forth herein No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy unless such waiver is expressed in writing signed by both parties specifically referencing the Agreement Nothing in the Agreement confers upon any person other than Seller and Buyer any right or remedy under or by reason of this Agreement All typographical or clerical errors made by Seller in any quotation acknowledgement or publication are subject to correction BUYER conditions accepts these terms and Signature Print Name Date
24. s for any reason Consequential damages includes without limitation loss of anticipated profits business interruption loss of use revenue reputation or data costs incurred including without limitation costs for capital fuel or power loss or damage to property or equipment and environmental clean up Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to Buyer Any action arising under or relating to the Agreement whether based in law equity contract infringement negligence strict liability other tort or otherwise must be commenced with one year after the date of shipment or delivery of Services Seller assumes no obligation or liability for technical advice given or not given or results obtained Seller has set its prices and entered into the Agreement in reliance upon the limitations of liability and other terms and conditions specified herein which allocate the risk between Buyer and Seller and form a basis of this bargain between the parties 8 Indemnity a Seller shall defend at its own expense any action brought against Buyer by a third party alleging that Products the Indemnified Items directly infringe any United States patent and shall pay all damages and costs finally awarded in any such action provided that Buyer has promptly notified Seller in writing of the action delivers all necessary assi
25. ssist Seller or Buyer or otherwise obtaining any improper advantage or benefit The Agreement is governed by the laws of the State where Seller s principal office is located without giving effect to its conflict of laws rules and the parties consent to the exclusive jurisdiction and venue of the federal and state courts located in such State The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply 11 Drawings Any designs manufacturing drawings oor other information submitted to the Buyer remain the exclusive property of the Seller Buyer shall not without Seller s prior written consent copy such information or disclose such information to a third party 12 Cancellation Buyer may cancel orders only upon reasonable advance written notice and upon payment to Seller of cancellation charges which include a all costs and expenses incurred by Seller and b a fixed sum of 10 of the total price of Products to compensate for disruption in scheduling planned production and other indirect and administrative costs 13 Export Control Certain Products may be subject to export controls under the Laws of the US and other countries Buyer must comply with all such Laws and not export re export or transfer directly or indirectly any such Product except in compliance with such Laws 14 General Provisions The Agreement constitutes the entire agreement between the pa
26. stance in the defense of the action and permits Seller to control all aspects of the defense including settlement rights Seller has no obligation with regard to 1 any non Seller originated Products software or processes including Indemnified Items or processes which have been modified or combined with non Seller products or processes ii any Indemnified Items or process provided pursuant to a design provided by or on behalf of Buyer iii any patent issued after the date of the Agreement iv any action settled or otherwise terminated without the prior written consent of Seller or v any claims arising from or related to Seller s adherence to any specifications or instructions provided by or on behalf of Buyer b If Buyer s use of any Indemnified Items is enjoined or in Seller s opinion is likely to be enjoined or subject to an infringement claim Seller at its expense and at its option and in conjunction with its defense obligations under this Section 8 in full satisfaction of its indemnity obligations under this Section 8 may replace the applicable portion of the Indemnified Items with a substitute free of any infringement modify the Indemnified Items so that they are free of any infringement or procure for Buyer a license or right to use the Indemnified Items If none of the foregoing options are practical using commercially reasonable efforts Seller shall have the right to remove the Indemnified Items a
27. talled and maintained pursuant to Seller s instructions For warranty purposes start up occurs when the equipment or any portion thereof is started for operation regardless of when the building may be ready for operation Products that include required start up by Seller will not be warranted hereunder unless Seller or its authorized representative performs the start up If Seller requires a completed start up form and such form has not been received by Seller within six 6 months from shipment then start up will be deemed to have occurred on the ship date New spare parts will be free of Defects for 12 months following ship date Buyer must notify Seller of any Defect promptly upon discovery and if such notification occurs within the applicable warranty period Seller shall remedy such Defect by at Seller s option adjustment repair or replacement of Products or any affected portion of Products or providing a refund of the portion of the purchase price attributable to the defective portion of the Product Buyer assumes all responsibility and expense for removal reinstallation and freight charges both for return and delivery of new parts Buyer must grant Seller access to the premises at which Products are located at all reasonable times so that Seller can evaluate any Defect and make repairs or replacements on site Repaired or replaced portions of Products are warranted until the later of the end of the warranty period
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