Warranty for cylinders manufactured in the United States
Effective Date: June 16, 2022
Warranty. Luxfer Gas Cylinders, a division of Luxfer Inc. (“Luxfer”) warrants to Customer that each new Type 3 aluminum-lined composite cylinder that Luxfer manufactures in the United States (the “Products”) shall (i) conform to Luxfer’s published specifications with respect to the Products and (ii) be free from defects in material and workmanship (“Warranty”) for a period of fifteen (15) years from the date of shipment by Luxfer (“Warranty Period”). For the avoidance of doubt, the “Products” to which this Warranty relate solely includes the cylinders manufactured by Luxfer. Any other component or part thereof, including, but not limited to, valves, pressure relief devices, mounting devices, and other third-party hardware, is subject to the original manufacturer’s warranty, and this Warranty does not apply to such components or parts.
This Warranty does not cover damage, breakage, or injury caused by (a) the failure to follow written instructions provided by Luxfer with respect to the Products, including, without limitation, instructions provided in warning labels, notices, and technical and maintenance manuals; (b) unauthorized service, installation, alteration, modification, assembly, or disassembly by anyone other than Luxfer or a party authorized by Luxfer; (c) improper maintenance or lack of reasonable and necessary maintenance; (d) inspections performed outside the frequency and manner as required by applicable laws and regulations; (e) over-pressurizing or over-filling; (f) use of the Products in corrosive environments outside of agreed upon specifications; (g) corrosion, fire, heat, abrasion, or impact damage due to external conditions; (h) negligence by Customer or any third party; (i) normal wear and tear; or (j) misuse. Luxfer’s obligations and liabilities hereunder shall not be enforceable until Luxfer has received payment in full and cleared funds for the Products and title to the Products has passed to Customer.
THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER REGARDING THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE, WHETHER IMPLIED, STATUTORY, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE WARRANTY IS INTENDED FOR THE BENEFIT OF CUSTOMER AND NOT FOR THE BENEFIT OF ANY OTHER PARTY.Claims and Remedies.
Any claim made by Customer pursuant to this Warranty must be made within the Warranty Period and in accordance with the following process: Customer shall (i) provide Luxfer written notice of any claim within ten (10) days of discovery of such claimed defect or non-conformance; (ii) immediately discontinue all use of the Product; and (iii) request authorization to return such Product to Luxfer, freight prepaid, for inspection of the Product and evaluation of the Warranty claim. Provided Customer complies with the foregoing process and Luxfer’s inspection and evaluation confirms a defect in the Product or non-conformance with the Warranty, Customer’s sole remedy with respect to a breach by Luxfer of the Warranty shall be, at Luxfer’s option, either (i) repair of such Product, (ii) replacement of such Product, or (iii) refund of the original purchase price paid for such Product.
General. As used herein, “Customer” means the original purchaser of the Products from Luxfer. This Warranty applies to Products manufactured on or after the Effective Date stated above and may be updated from time to time. For the avoidance of doubt, the Products do not include, and this Warranty does not apply to Type 4 polymer-lined composite cylinders. For any questions about this Warranty, please call Luxfer Customer Service at 800-764-0366.