LIMITED WARRANTY

Smart Valves Inc., a California corporation (“Smart Valves”), warrants that the SMART Steam Traps (“Traps”) are free from defects in materials and workmanship under normal use and service for a period of (i) twenty (20) years from the date of installation in saturated steam applications, or (ii) ten (10) years from the date of installation in superheated steam applications, as applicable.  Smart Valves warrants that blowdown valves integrated into the Traps (“Valves”) are free from defects in materials and workmanship under normal use and service for a period of (i) ten (10) years from the date of installation for SBV-20 Valve models, or (ii) one (1) year from the date of installation for SBV Valve models, as applicable.  Smart Valves warrants that check valves, y-strainers, gate valves, and globe valves (“Other Strainers and Valves”) are free from defects in materials and workmanship under normal use and service for a period of fifteen (15) months from the date of installation and insulation blankets models I-SVT 15/20 and 25 (“Insulation Blankets” and, together with Other Strainers and Valves, “Other Products”) are free from defects in materials and workmanship under normal use and service for a period of twelve (12) months from the date of installation.  All Trap top and bottom cover gaskets, insert gaskets and strainer screens (“Gaskets and Screens”, and, together with the Traps, Valves, and Other Products, the “Products”) are excluded from this limited warranty provided, however, that Smart Valves shall replace all Gaskets and Screens in the event such Gaskets and Screens become non-functional or are shown to cause leaking within six (6) months of the date of installation.  For any parts replaced or repaired under this warranty, such parts are guaranteed only for the remaining period of the original warranty applicable to the Product or the Product in which they are installed.  In addition to the foregoing, the following policies govern the Limited Warranty provided hereunder:

1. The Traps shall retain steam within the steam system, and allow the condensate to drain once it is formed; the Traps are not performing adequately when passing live steam other than normal condensate flash steam at lower pressures, or retaining condensate in a fashion that is detrimental to the system. While a defect determined by Smart Valves to cause such inadequate performance shall be covered by this warranty, subject to the terms set forth herein, Smart Valves does not otherwise warrant that the use or operation of the Products will be uninterrupted or error free.

2. At Smart Valves’ sole discretion, its obligations under this warranty shall be limited to repairing or replacing any Product or part of any Product which has proven, despite proper installation, use and maintenance in compliance with Smart Valves’ instructions, defective in materials or workmanship within the effective period of the warranty.

3. This warranty does not extend to any Products that Smart Valves determines to have been improperly installed, misused or neglected in use, storage, or handling, or that have been modified, serviced by non-qualified personnel, unless the prior written consent of Smart Valves has been obtained, or if purchaser has used parts in connection with a Product not supplied or approved by Smart Valves. Smart Valves’ obligations shall not apply to any defects caused by or resulting from acts or omissions of purchaser or any other third party, including, without limitation, the following:

• Improper use or abuse of Products by purchaser or any third party, whether intentional or not;
• Failure by purchaser to properly maintain Products in accordance with maintenance instructions, as evidenced by proper maintenance documentation;
• Modifications to Products made by purchaser or any third party;
• Use of tooling manufactured or acquired by purchaser which is not compatible with or intended to be used with the Products;
• Failure by purchaser to operate Products consistent with specifications;
• Failure by purchaser to properly clean Products;
• Operator error or accident;
• Inadequate power or pressure to operate Products;
• Failure by purchaser to properly train operators; and
• Use in or with Products of poor-quality materials or materials varying from those specified by Smart Valves.
• Failure to perform preventive maintenance on Products as recommended by Smart Valves, such as built-in strainers which require scheduled cleanings not less than once per year.
• Failure to submit the Smart Valves Warranty Service Request Form following Product purchase or the Smart Valves Commissioning Sign-Off Form following Product installation.

This warranty does not cover cleaning of the Products or unblocking a temporarily failed closed Trap.  This warranty shall not apply in the event purchaser has failed to provide a minimum differential pressure of 0.5 bar or 7 psi across the Products in the facility in which the Products are stored and operated.

4. Purchaser must immediately inform Smart Valves about any reported Product defects or claims under this warranty, and shall submit all information requested by Smart Valves, including information related to the Product’s purchase, operation and the defects or claims in question, in a timely manner.

5. In requesting the repair or replacement of any defective Product or part of a Product, purchaser shall submit satisfactory proof thereof to Smart Valves within one (1) week from the discovery of the defect.

6. Smart Valves reserves the right to invoice purchaser for parts replaced under this warranty, as well as any related shipping costs, pending return of the defective parts for inspection and determination of the cause of failure. Notwithstanding the foregoing, unless agreed to the contrary in writing, all shipping costs, including insurance against the risk of loss, to and from Smart Valves for repair or replacement of a defective Product shall be borne by Smart Valves. All labor costs required for the installation of replacement parts, however, shall be borne by purchaser unless otherwise agreed to the contrary in writing, in advance of any labor performed, by Smart Valves.  The timing and duration of the repair or replacement shall be at the discretion of Smart Valves.  Purchaser shall provide adequate access to enable Smart Valves to render any necessary Product repairs.

7. This warranty shall only be in effect following the proper submission of the Smart Valves Warranty Service Request Form and Smart Valves Commissioning Sign-Off Form as follows:

7.1 The Smart Valves Warranty Service Request Form shall be submitted within three (3) months of the date of purchase to warranty@smartvalvesinc.com or, if the Product was purchased through a third party, to such third party with a copy to warranty@smartvalvesinc.com. In conjunction with the Smart Valves Warranty Service Request Form, purchaser shall provide supporting documentation as requested by Smart Valves; if such supporting documentation is not provided, this warranty will not be in effect as relates to such Product.

7.2 The Smart Valves Commissioning Sign-Off Form shall be submitted (if not automatically submitted by Smart Valves in the event Smart Valves completes the Product installation itself) no later than the later of three (3) months of the date of purchase and one (1) month from the date of installation to engineering@smartvalvesinc.com. In conjunction with the Smart Valves Commissioning Sign-Off Form, purchaser shall provide photos of the Product installation to verify that the installation was completed correctly; if Smart Valves determines the Product was not installed correctly based on industry engineering standards, in Smart Valves’ sole discretion, this warranty will not be in effect as relates to such Product.

8. For international warranty requests purchaser must contact the seller of the Product to verify if such seller provides their own Product warranty; if not, Smart Valves will provide the limited warranty as set forth herein.

9. EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, THE PRODUCTS ARE PROVIDED “AS IS,” THAT IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND IN PARTICULAR, SMART VALVES DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS OR FOR A PARTICULAR PURPOSE.

10. IN NO EVENT SHALL SMART VALVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF USE OF ANY SYSTEM, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES AND THE LIKE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Purchaser may not assign this limited warranty to a transferee of the Products without the prior written consent of Smart Valves.

12. This warranty shall be governed by and construed in accordance with the laws of the State of California.