Warranty

Online Warranty Registration: Quickly and easily register your new Air Techniques product online. Make your serial number available and log into the Air Techniques online portal account at airtechniques.com/portal. If you don’t already have a portal account, you must create one before registering your product. Click the appropriate link to register a new product and provide the required information. This online registration ensures a record for the warranty period and helps Air Techniques keep you informed of product updates and other valuable information.

These Standard Terms and Conditions of Sale apply to all purchase orders for Products purchased from Air Techniques, Inc. (“Air Techniques”). “Products” means equipment and products and services sold by Air Techniques under the brands “Air Techniques” for dental, under “ALLPRO Imaging” for non dental and hygiene products sold under the brands “Monarch” or “Air Techniques”.

1. Conditions of Contract. Each sale of Products and the acceptance of any purchase order submitted by the purchaser (“Purchaser”) is expressly made conditional on Purchaser’s assent to the terms and conditions of these Standard Terms and Conditions of Sale, and Air Techniques will sell the Products to Purchaser only upon the terms and conditions of these Standard
Terms and Conditions of Sale. Any additional, different, or conflicting terms and conditions set forth in any document, instrument or communication issued by Purchaser at any time, including, without limitation, any purchase orders and any specifications are hereby objected to by Air Techniques, shall be wholly inapplicable to any sale of Products and shall not be binding in any way on Air Techniques. No waiver or amendment to these Standard Terms and Conditions of Sale, shall be binding on Air Techniques unless made in writing (a) expressly stating that it is a waiver or amendment of these Standard Terms and Conditions of Sale, referring to the numbered Paragraph which is so amended or waived, and (b) signed by Air Techniques.

2. Minimum Order Value. For all non-warranty orders, there is a minimum order value by purchase price of $75.00.

3. Additional costs. Any increase of Air Techniques’ costs to manufacture, or to store, transport or handle Products sold hereunder or of materials used in the manufacture of products sold hereunder, whether paid by Air Techniques which are caused by any increase in existing or the imposition of any new taxes, excises, duties, environmental, or other governmental charges of
any kind, imposed by any national, state or municipal government or any agency or political subdivision thereof shall be added to the sales price and paid by Purchaser.

4. Taxes. The purchase price of Product does not include sales, use, excise, or similar taxes. Consequently, in addition to the purchase price for Products, the amount of any present or future sales, use, excise, or other tax applicable to the sale or use of the Products sold hereunder, except for Air Techniques’ income or property taxes, shall be paid by Purchaser, or in lieu thereof,
Purchaser shall provide Air Techniques with a tax-exemption certificate acceptable to the taxing authorities. Purchaser shall indemnify, defend, and hold harmless Air Techniques from all such taxes.

5. Payment. Air Techniques may, in its sole and absolute discretion, but is not obligated to, sell Products to Purchaser on credit. In the event that Air Techniques sells Products on credit, then: (a) payment in full shall be due and payable thirty (30) days from the date of Air Techniques’ invoice; and (b) in the event Purchaser fails to pay Air Techniques the purchase price within thirty (30) days of the date of invoice, Purchaser shall pay Air Techniques interest on such delinquent payment at the rate of one and one-half percent (1.5%) per month, compounded monthly, not to exceed the highest rate permitted by law. In the event that Air Techniques commences efforts to collect delinquent payments owed by Purchaser, Purchaser shall pay all costs and expenses, including, but not limited to reasonable attorney’s fees, incurred by Air Techniques in the collection of amounts owed by Purchaser, whether or not a formal action is commenced.

6. Security Interest; Rights. Air Techniques retains a purchase-money security interest in the Products sold to Purchaser and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing, to secure all obligations owed by Purchaser to Air Techniques. Purchaser authorizes Air Techniques to file Uniform Commercial Code financing statements in any jurisdiction and to take such other actions as Air Techniques determines to be appropriate to perfect its security interest. If Purchaser fails to make any payment as provided herein, or fails to pay any other amounts due to Air Techniques, or if Air Techniques deems itself insecure or deems Purchaser to not be creditworthy, Air Techniques may, it its sole and absolute discretion, require Purchaser to pay C.O.D. on its orders, or cease shipments of Products purchased by Purchaser without notice to Purchaser. Purchaser acknowledges and agrees in the event Purchaser defaults in its obligations to Air Techniques or fails to pay Air Techniques any amounts when due, Air Techniques may enter Purchaser’s  premises or other place of storage wherever located and retake possession and custody of any Products already shipped and/or received by Purchaser, and upon written notice to Purchaser, cancel the balance and/or unexecuted portion of any order, and hold Purchaser liable for any and all damages incurred as a result of, or in any manner growing out of, the default or failure to so pay on the part of Purchaser. Additionally, Air Techniques is entitled to all other applicable rights and remedies of a secured party under applicable law

7. Delivery Terms; Title; Risk of Loss. Delivery of all Products to Purchaser shall be F.O.B. Air Techniques’ manufacturing facility in Melville, NY. Title and risk of loss (including, without limitation theft, destruction, or damage) to Products purchased by Purchaser shall pass from Air Techniques to Purchaser upon the delivery of the Products to a commercial carrier for shipment to Purchaser at Air Techniques’ manufacturing facility in Melville, NY. Purchaser shall be responsible for making all in-transit damage claims to the carrier in the event of any loss.

8. Shipping and Transportation Expenses. All shipping and transportation expenses relating to the shipment of the Products from Air Techniques’ manufacturing facility in Melville, NY shall be paid by Purchaser, unless otherwise explicitly stated as part of an Air Techniques’ approved promotion or program. Unless otherwise stated, INCOTERM for all international shipments is EXWORKS Air Techniques Inc. in Melville, NY.

9. Delivery and Acceptance. Air Techniques will make reasonable efforts to notify Purchaser of the anticipated delivery date of the Products. Purchaser shall be on site upon delivery and shall be responsible for unloading the Products.

10. Incoming Inspection; Nonconforming Products. If within forty-eight (48) hours of delivery of Products Purchaser has not provided Air Techniques an itemized written notice of an objection to the condition of such Products as Nonconforming Products, Purchaser shall be deemed to have accepted the Products as satisfactory in all respects. “Nonconforming Products” means any product received by Purchaser from Air Techniques under a Purchase Order that: (a) is not a Product; (b) does not conform to the make, model number, or other product identifier for a Product listed in the applicable Purchase Order; or (c) on visual inspection, Purchaser reasonably determines is not in conformity with Air Techniques’ warranties set forth in Paragraph 15 of these Standard Terms and Conditions of Sale. If Purchaser timely notifies Air Techniques of any Nonconforming Products and it desires to return the Nonconforming Products, Purchaser shall, within ten (10) days of providing such notification, ship, at its expense (subject to reimbursement as set forth below) and risk of loss, the Nonconforming Products to Air Techniques’ facility in Melville, NY. Air Techniques shall accept a return of the Nonconforming Products and reimburse Purchaser all related shipping and handling expenses incurred by Purchaser in connection with the return. Air Techniques in its discretion may replace the Nonconforming Products with conforming Products or issue Purchaser a credit for the Nonconforming Products. If Seller exercises its option to replace Nonconforming Products, Seller shall, after receiving Purchaser’s shipment of Nonconforming Products, deliver to Purchaser, the replaced Products at Air Techniques’ facility in Melville, NY.

11. No Damages for Delay. Although Air Techniques will attempt to meet shipment and delivery schedules, Air Techniques will not be liable to Purchaser for any damages resulting from late shipment or delivery, including but not limited to direct, indirect, economic, incidental, or consequential damages, including without limitation lost profits or income, loss of use, downtime, cover, and employee or independent contractor wages, payments, and benefits.

12. Force Majeure. Air Techniques shall not be liable for any actions or failure to act due to causes beyond its reasonable control, or due to acts of God, acts of Purchaser, acts of civil or military authority, priorities, fires, strikes, labor stoppages or slowdowns, floods, earthquakes, epidemics, quarantine restrictions, war, riots, terrorist threats or acts, national or regional emergency, civil unrest, embargoes, blockades, delays in transportation, shortages of power and other industrial disturbances, or inability due to causes beyond its reasonable control to obtain necessary labor, materials, or processing facilities.

13. Termination; Reduction in Quantity; Rescheduling Delivery. In the event Purchaser desires to terminate any part or all of its purchase order, reduce the quantity of the Products ordered, or reschedule the delivery of such Products, Air Techniques may, agree thereto in its discretion, provided that fair compensation, as determined by Air Techniques, shall be paid to Air Techniques which shall take into account, among other things, expenses incurred and commitments already made by Air Techniques in connection with the sale of the Products in question, reasonable costs and expenses incurred by Air Techniques in making settlement of such order, any increased costs incurred by Air Techniques by reason of a revision in the delivery schedule, and in the case of termination or reduction in the quantity of Purchaser’s purchase order, the profit reasonably anticipated by Air Techniques from the sale of such Products.

14. Returns. Returns of Products, other than warranty returns and returns of Nonconforming Products, are subject to Air Techniques’ authorization, which may be given or withheld in Air Technique’s discretion. All Products returned require a Return Materials Authorization (“RMA”) from Air Techniques. Returns must be received within thirty (30) days of the RMA issue date. Products which are returned for credit are subject to a minimum charge of 15% of the purchase price thereof to cover inspection, damage in transit, reconditioning and repacking. Returned Products, other than warranty returns and returns of Nonconforming Products, must be new, unused, and factory sealed in original packaging with tamper-proof seal intact. Returns of Products that exhibit damage due to shipping, misuse, or careless handling will not be accepted, and no credit will be given therefor. Credit, or partial credit, will not be issued until returned Products have been received and compliance with the above returned Product requirements has been verified. Transportation charges on returns must be prepaid by  purchaser. Risk of loss with respect to returned Products shall remain with Purchaser until receipt by Air Techniques. Products cannot be returned after six (6) months from the original invoice date. Products returned without an RMA, or included with other Products for which an RMA has been issued, will be returned to Purchaser at Air Technique’s discretion and at Purchaser’s cost.

Certain Products are not eligible for return: Consumables such as accessory kits, “, re-usable and single-use breathing circuits or hoods, as well as “Monarch” and other hygiene Products, customized Products and Products with a value of less than $50.00 per item.

15. Limited Warranty. Air Techniques’ equipment Products are warranted to be free from defects in material and workmanship from the date of delivery for a period ending the number of months, days, or hours after installation as follows:

US & Canada

 

Product	Full System Warranty Period	Specific Component Warranty period
ScanX	24 Months	Phosphor Storage Plates: 30 Days
SensorX	24 Months	Optional for purchase 3yr Extended Warranty
ProVecta S-Pan ProVecta S-Pan Ceph ProVecta 3D Prime ProVecta 3D Prime Ceph	24 Months***	Optional for purchase 3yr Extended Parts Warranty on X-Ray Sensor(s) and Generator***
ProVecta HD	24 Months	N/A
CamX Cameras	24 Months	N/A
A/T 2000XR	24 Months	N/A
Peri-Pro	24 Months	N/A
AirStar/AirStar NEO	60 Months OR 5,000 hours of use (whichever comes first)	N/A
VacStar/VacStar NEO	60 Months	N/A
Mojave Monitor Mojave Monitor  LT	60 Months	N/A
Acadia Acadia Plus	24 Months	N/A
Remote Water Control Systems	24 Months	N/A
AirStar Sound Cover (Add-on)	24 Months	N/A
Hydromiser (Accessory Only)  Air/Water Separator	24 Months	N/A
Vacuum Equalizer	24 Months	N/A
FlowStar Nitrous Equipment, except consumables	12 Months	N/A

 

All Other Countries

Product	Full System Warranty Period	Specific Component Warranty Period
All Products	24 Months	N/A

Important note: for warranty eligibility following installation, Purchaser must provide confirmation in the form of a Purchaser invoice to Purchaser’s customer that a preventative maintenance kit or coalescent filter was installed on the unit within the first to occur of (a) two thousand (2,000) hours of use or (b) twenty four (24) months prior to failure . (P/Ns
87351 – 87355 & 87367.)

*** Limitation of warranty: any extended warranty purchased or provided explicitly to Provecta S-Pan / S-Pan Ceph and ProVecta 3D Prime / 3D Prime Ceph, beyond the standard 24-month (2-year) warranty, is limited to the repair or replacement of the parts for the X-ray Generator and/or the sensor(s) only, during the extended time in excess of the original warranty. Refurbished units are not covered under the standard warranty and will be given a specific warranty indicated at the time of sale.
Each “Monarch” branded product and other hygiene product is warranted to be free from defects in material and workmanship through to and including its expiration date.

All FlowStar nitrous gas consumable products (such as nasal hoods and similar or related items) are warranted to be free from defects in material and workmanship through to and including their expiration date.

All Product warranty returns require an RMA. Returns must be received within ninety (90) days of the RMA issue date and in appropriate packaging to prevent shipping damage. Products returned without an RMA, or included with other Products for which an RMA has been issued, will be returned to Purchaser at Air Technique’s discretion and at Purchaser’s cost. Any Product returned and covered under warranty will be repaired (excluding Monarch and other hygiene Products) or replaced at Air Techniques’ option at no charge to Purchaser. This is Purchaser’s sole remedy for Products returned under, and covered by, warranty. Air Techniques is not liable for any indirect or consequential damages or loss of any nature in connection with any defective or damaged Products. Purchaser labor, shipping and handling charges relating to the warranty return of Products are not covered by this warranty.

Products returned under warranty that exhibit damage due to shipping, misuse, careless handling, improper installation or repairs or service by Purchaser or by other unauthorized personnel, abnormal physical stress, abnormal environmental conditions or use contrary to the Products specifications, operating instructions or directions are not covered by warranty. The warranty is void if the Product is installed incorrectly or installed or serviced by anyone other than Purchaser or other Air Techniques’ authorized personnel.

Credit, or partial credit, will not be issued until Products (or parts or components of the Products) have been received and assessed by Air Techniques. If, after the evaluation by Air Techniques, it is determined that there is no-fault found and the Product is working in accordance with is specifications, the Product will be returned to Purchaser at Purchaser’s cost, and no credit will be issued.

This warranty is in lieu of all other warranties expressed or implied. No representative or person is authorized to assume any liability on behalf of Air Techniques in connection with the Products.

If a Purchaser requests the replacement of a Product returned under warranty in advance of Air Techniques’ receipt and evaluation of the returned Product, Air Techniques will provide the replacement Product to Purchaser at full invoiced price. If the returned Product is found to have a fault covered by warranty, the invoiced price of the replacement Product will be credited to Purchaser. If no-fault is found.Purchaser shall pay the invoice for the replacement Product as provided in Paragraph 5 of these Standard Terms and Conditions of Sale.

EXCEPT FOR THE LIMITED EXPRESS WARRANTIES DESCRIBED IN THIS PARAGRAPH 15, (a) NEITHER AIR TECHNIQUES NOR ANY PERSON ON AIR TECHNIQUES’ BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF: (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; OR (iii) NONINFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (b) PURCHASER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY AIR TECHNIQUES, OR ANY OTHER PERSON ON AIR TECHNIQUES’ BEHALF, EXCEPT AS SPECIFICALLY DESCRIBED IN THIS PARAGRAPH 15.

16. Purchaser Records. Purchaser shall maintain the following records and make available these records to Air Techniques upon request by Air Techniques during inspections or audits:

Distribution Records. Purchaser shall maintain records in respect to each Product sold, containing sufficient information to permit the complete and rapid withdrawal or recall of the Product from the market.

Complaint Records; Handling. Purchaser shall maintain records of (a) reported problems related to the performance of safety of a Product, including customer complaints received and (b) all actions taken in response to the problem or complaint. The records must include: The name of the Product, the date the complaint was received or the problem was reported, any unique identifier (UDI), or Universal Product Code (UPC) associated with the Product; the name, address and telephone number of the complainant; the nature and details of the complaint or report; the date and results of the investigation; and any corrective/preventive actions
taken.

Service Records. Purchaser shall maintain records of all servicing of Products servicing is provided, maintaining records for periodic reviews of product servicing, including name of the device serviced, device identification, identification of the service provider, description of service performed and results of inspections and tests performed and date of service.

17. Recalls. Purchaser will provide reasonable assistance to Air Techniques in the event that any Product is recalled voluntarily by Air Techniques or by order or directive of any governmental agency or regulatory body. In that regard, Purchaser will establish, implement and maintain documented procedures that will allow an effective and timely retrieval of the recalled Product(s), and which will enable Air Techniques to carry out an effective and timely investigation of the issues giving rise to the recall. Purchaser shall make available these documented procedures to Air Techniques upon request by Air Techniques during inspections or audits.

18. Limitation of Remedies and Liability. Air Techniques shall not be liable to Purchaser or any person for Air Techniques’ failure to fill any orders, for error in filling any orders, or for any delay in delivery. Air Techniques’ liability to Purchaser for a defective or damaged Product is limited to Air Techniques’ warranty obligations under Air Techniques’ Standard Terms and Conditions of Sale.

IN NO EVENT IS AIR TECHNIQUES OR ITS REPRESENTATIVES LIABLE FOR THE COST OR PROCUREMENT OF SUBSTITUTE GOODS, OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF: (a) WHETHER THE DAMAGES WERE FORESEEABLE; (b) WHETHER OR NOT AIR TECHNIQUES WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES AND (c) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL AIR TECHNIQUES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED (a) THE TOTAL OF THE AMOUNTS PAID BY PURCHASER TO AIR TECHNIQUES FOR THE PRODUCTS GIVING RISE TO THE CLAIM, OR (b) IF THE CLAIM DOES NOT ARISE OUT OF ANY PRODUCT SOLD TO PURCHASER, THE TOTAL OF THE AMOUNTS PAID BY PURCHASER TO AIR TECHNIQUES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM . THE FOREGOING LIMITATIONS APPLY EVEN IF
PURCHASER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

19. Approved Purchaser Status. Air Techniques reserves the right to do business only with Purchasers who are included on Air Techniques’ approved Purchaser list. Such Purchasers include those that maintain standards of business practices, processes and procedures that are acceptable to Air Techniques in its discretion, and who perform in accordance with those standards and the agreements and covenants set forth in these Standard Terms and Conditions of Sale. Air Techniques reserves the right to inspect and audit Purchaser’s business practices processes and procedures from time-to-time to review approved Purchaser status.

20. Miscellaneous.

These Standard Terms and Conditions of Sale contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous verbal and written agreements.

No delay or failure by Air Techniques to exercise any right under these Standard Terms and Conditions of Sale, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.

In the event any suit or action is brought to enforce or interpret any of the terms of an accepted purchase order or these Standard Terms and Conditions of Sale, the prevailing party shall be entitled to recover from the other party all costs, expenses and disbursements as may be allowed by law, including, without limitation, reasonable attorneys’ fees, incurred as a result of having to commence or defend such suit or action.

The rights of the parties under any purchase orders and these Standard Terms and Conditions of Sale shall be governed by the internal laws of the State of New York without regard to the conflict of laws provisions thereof. The United Nations Convention for the International Sale of Goods shall not be applicable to any purchase orders or these Standard Terms and Conditions of Sale.

Subject to Air Technique’s right to require arbitration of any dispute as provided below, Purchaser irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the State of New York in and for Suffolk County, and the US District Court for the Eastern District of New York, and any appellate court from any thereof, and Purchaser agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Air Techniques in any way arising from or relating to accepted purchase orders and these Standard Terms and Conditions of Sale, including all exhibits, schedules, attachments and appendices attached hereto and thereto, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than the aforementioned courts. Purchaser agrees that a final judgment in any action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

PURCHASER HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY. PURCHASER (a) CERTIFIES THAT NO AGENT, ATTORNEY, REPRESENTATIVE OR ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF LITIGATION, AND (b) ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT.

Notwithstanding any provisions herein to the contrary, Air Techniques may, at its discretion, settle any claim or controversy arising out of or relating to any purchase order, or the breach of non-performance of any provision these Standard Terms and Conditions of Sale by arbitration in accordance with the Arbitration Rules of the American Arbitration Association in effect at the time such claim or controversy arises (other than for claims seeking injunctive relief or those which are not the proper subject matter of arbitration). Purchaser and Air Techniques agree that any arbitration shall be administered and conducted in Melville, New York, USA. Any award granted by the arbitrator shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

If any term or provision of these Standard Terms and Conditions of Sale is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of these Standard Terms and Conditions of Sale or invalidate or render unenforceable such term or provision in any other jurisdiction. On a determination that any term or provision is invalid, illegal or unenforceable, any court or dispute resolution body with competent jurisdiction may modify these Standard Terms and Conditions of Sale to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

20. Amendment. These Standard Terms and Conditions of Sale may be amended by Air Techniques from time-to-time. In such case Air Techniques shall furnish Purchaser with the amended Standard Terms and Conditions of Sale, which shall apply to purchase orders and Products purchased on and after the date of the amended Standard Terms and Conditions of Sale.

Disclaimer:

For Shipped Items – All freight costs are paid for by Dealers. The Dealer is responsible for shipments, therefore, any claims for shipping damage are to be filed by the Dealer. Our shipping terms state EXW shipping point Air Techniques. For all non-warranty orders, there is a minimum charge of $75.00 for US dealers and $150.00 for non-US dealers.