Warranty Policy
WARRANTY GENERAL TERMS AND CONDITIONS
REMEDY AND PROCEDURE FOR SPECIFIC TYPES OF MOTOR
Motors with frame sizes 215T and smaller are covered and will be replaced under a “No-Fault Warranty” in case of defects discovered during its Warranty Period. This replacement remedy is offered one time per end-user, per application. If there is more than one failure during the Warranty Period, please contact OMEC’s Service Department for review. Within 7 days after the defect is detected, the following must be sent to OMEC to process a “No-Fault” warranty claim.
- Original nameplate from the defective Motor.
- Copy of the original OMEC invoice for the defective Motor.
- A comprehensive failure report (for quality control record).
A defective Motor with a frame larger than 215T should be inspected by a EASA accredited Service Center, or if none is available, an EASA-affiliated service shop. Depending on the inspection results and according to the limitations set forth in this Warranty Certificate, OMEC will decide whether to cover the motor under its warranty.
Prior to a decision being made on a claim for warranty, the following are required from the service shop and the BUYER.
- Completed EASA Service Center inspection report.
- Repair Quote.
- Copy of the original OMEC invoice for the defective Motor.
- For Frame 215T and above, photos of the failure in JPEG format suitable for e-mailing (this will allow OMEC to properly evaluate the details of the warranty claim, as well as to ensure that any data sent to our Quality Control Department are fully understood).
The warranty claim will be evaluated and OMEC Service Department will advise the BUYER how to proceed. The service shop should not remove the nameplate nor make repairs without being requested to do so by a OMEC Service Department representative.
The warranty coverage period on these models is twenty-four (24) months from date of delivery. Any warranty claim submitted to OMEC Service Department must include:
- Copy of the original OMEC invoice for the defective motor.
- A complete EASA Service Center inspection report or a description of the failure for quality control record, accompanied by photographs of the motor wire connections and any other photograph supporting the claimed failure.
OMEC will analyse the claim, along with the supporting documents and determine if the warranty is applicable.
WARRANTY PERIOD
LIMITATION OF THIS WARRANTY
A Motor will not be considered as failing to meet OMEC’s warranty or being defective due to normal wear and tear, inability to withstand corrosive or erosive substances, improper storage, installation, operation, or maintenance by the BUYER, or failure of BUYER to provide accurate information regarding the Motor's operational application.
The BUYER must make the defective Motor available for correction. This warranty will immediately terminate if the BUYER or a third party makes improper modifications or repairs, or if the BUYER does not promptly notify OMEC in writing of a defect and take appropriate measures to mitigate damages. The correction of non-conformities as stated in this certificate will fulfil all OMEC’s liabilities to the BUYER concerning defects of the Motor.
For Motors that have been replaced or repaired, the Warranty Period shall not be extended and will expire on the same date as the original Warranty Period.
OMEC will not be responsible for costs related to removal, reinstallation, or accessing the defective Motor. OMEC’s only obligation and BUYER’s exclusive remedy for a defective Motor will be the repair or replacement of the Motor as specified in this certificate.
Purchases of OMEC’s products from unauthorized dealers or distributors, even of otherwise “new” OMEC products, voids warranty coverage.
THE EXPRESS WARRANTY SET FORTH IN THIS CERTIFICATE IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. IN ALL CASES WHERE THE BUYER’S CLAIMS INVOLVES DEFECTIVE OR NONCONFORMING MOTOR, THE BUYER’S EXCLUSIVE REMEDIES AND OMEC ONLY OBLIGATION IN CONNECTION WITH THIS WARRANTY SHALL BE THOSE STATED HEREIN. IN NO EVENT SHALL OMEC BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND AND THE BUYER HEREBY WAIVES ANY RIGHTS IT MAY HAVE TO SUCH DAMAGES. THIS WARRANTY SHALL NOT BE ALTERED EXCEPT BY WRITTEN AGREEMENT OF THE PARTIES.
Terms and Conditions
GENERAL TERMS AND CONDITIONS OF OMEC AMERICA LLC
1.1 "Applicable Export Laws" means any export control regulations and/or laws in force at the time of export in the Seller’s country of export and/or, in the case of re-export, in force at the time of re-export in the country of origin of the particular re-exported Export Item.
1.2 "Change" means a change in the design, drawings, specifications, shipping instructions, shipment schedules or any other documents forming part of the Contract, including any additions, substitutions or omissions to the Scope of Supply.
1.3 "Change Order" means the document issued by authorized representatives of Buyer and Seller in mutual agreement after a Change has been requested by Buyer or Seller, and which governs the modification of the Contract with respect to the Contract Price, specifications, shipment schedule, warranty, delivery time, etc.
1.4 "Confidential Information" means proprietary or confidential data including pricing, terms, documents, specifications, plans or drawings that are not generally known to the public.
1.5 "Contract" means the Terms and Conditions contained herein, together with (i) such additional terms as stated within Seller's written Quotation, (ii) such specifications, drawings or other documents incorporated by reference within Seller's Quotation, (iii) any documents related to a Change Order, and (iv) the Purchase Order to the extent approved in writing by Seller.
1.6 "Contract Price" means the total sum indicated in the Purchase Order or as modified in accordance with these Terms and Conditions. For Services carried out on a time basis, the Contract Price shall be determined in accordance with the hourly rates specified in the Purchase Order.
1.7 "Day(s)" means calendar day(s) unless the term "working day(s)" is used.
1.8 "Delivery Date" means the date or dates agreed between the Parties with regard to the performance of the Scope of Supply in the Contract or as modified in accordance with these Terms and Conditions.
1.9 "Disclosing Party" means the Party disclosing Confidential Information to the other Party.
1.10 "Effective Date" means the date when the Purchase Order has been accepted by the Seller in writing or, in case the Contract documents are signed by both Parties, the date of the latest signing.
1.11 "End-User" means the ultimate user and/or the ultimate owner of the Scope of Supply.
1.12 "Export Item" means any goods or services, including but not limited to, commodities, software or technology provided by Seller that is required to be exported or re-exported under the Contract.
1.13 "Incoterms" means the version in force on the Effective Date of the Contract published by the International Chamber of Commerce.
1.14 "Liquidated Damages" means an expressly stated amount in the Contract to be paid by Seller as compensation for estimated damage that Buyer may incur in the event of breach of Contract, such as failure to meet delivery dates or performance guarantees. Such expressly stated amount is agreed by the Parties to be a pre-estimate of such damages and is not to be considered a penalty.
1.15 "Party" means Buyer or Seller; "Parties" means Buyer and Seller.
1.16 "Purchase Order" means the order documents issued by Buyer for the order of the Scope of Supply in the version confirmed by Seller in writing.
1.17 "Buyer" means the Party defined as the Buyer in the Purchase Order or, if such definition is missing, the Party issuing the Purchase Order.
1.18 "Quotation" means Seller’s written proposal for the delivery of the Scope of Supply.
1.19 "Receiving Party" means the Party receiving Confidential Information of the other Party.
1.20 "Sanctions" means any trade or economic sanctions (e.g., embargoes, etc.) in force at the time of export in the Seller's country of export and/or, in the case of re-export, in force at the time of re-export in the country of origin of the particular re-exported Item.
1.21 "Scope of Supply" means the Motors to be delivered by Seller and/or Services to be performed by Seller under the Contract.
1.22 "Services" means repairs, and maintenance work.
1.23 "Seller" means OMEC AMERICA LLC.
1.24 "Terms and Conditions" means these General Terms and Conditions of Supply.
1.25 "Warranty Period" means the time period stipulated in Section 9 hereof.
2.1 The Contract supersedes all previous negotiations, representations, and/or contractual commitments between the Parties. Seller hereby gives notice of its objection to and rejection of any different or additional terms, and Buyer agrees that the terms contained in the Contract shall apply and govern to the exclusion of all others. The Parties agree that the Terms and Conditions shall be construed as if jointly drafted by the Parties, and no presumption or burden of proof will arise favoring or disfavoring either Party by virtue of authorship of any provision of these Terms and Conditions.
2.2 An offer by Seller in its Quotation that does not stipulate an expiration date shall not be binding unless otherwise stated in the Quotation. In this case, the Contract shall be deemed to have been entered into upon written acknowledgment of the Purchase Order by an authorized representative of Seller, which may not be modified except in a Change Order.
2.3 In case of an inconsistency between the said documents within the Contract, the following order of priority shall apply:
a. These Terms and Conditions.
b. Documents related to Change Orders mutually agreed upon by both Parties, with the latest date having priority and clearly identified as "Change Order" to the Contract.
c. Purchase Order (version confirmed by Seller in writing) as defined in Clause 1.16 and all documents incorporated therein by reference.
c. Seller’s Quotation and all documents incorporated therein by reference.
d. Buyer's specifications.
f. Buyer's terms and conditions.
2.4 The Incoterms version current at the Effective Date of the Contract shall apply. If no specific Incoterms concept has been stated in the Contract or subsequently agreed by both Parties, delivery will be made:
a. Ex works (Seller’s or Seller’s sub-Seller’s works) for domestic deliveries (delivery within the country in which the Scope of Supply is delivered or performed).
b. FCA (free carrier, Seller’s or sub-Seller’s works) for international transactions.
Irrespective of the delivery term, for the purpose of determining compliance with the Delivery Date, the delivery shall be deemed to have been made on the date the Seller notifies the Buyer that the Scope of Supply is ready for shipment.
3.1 Seller shall make commercially reasonable efforts to deliver the Scope of Supply on the Delivery Date. In no event shall any period of time specified to calculate the Delivery Date commence earlier than the latest of the following dates:
a. Effective Date.
b. Date which is five (5) Days after receipt of Letter of Credit or advance payment from Buyer, if such Letter of Credit or advance payment is required in the Contract.
c. Date of receipt of approval of engineering submittals by Seller.
3.2 The Delivery Date shall be amended if any delay is due to one or more of the following:
a. Force Majeure.
b. Changes.
c. Buyer's failure to fulfill any obligation under the Contract.
d. Delay caused by End-User or any party engaged by Buyer.
e. Delay in obtaining an export license.
f. Buyer’s delay in delivery of any documentation or approvals to Seller.
g. Delays caused by a sub-Seller where the sub-Seller was designated by Buyer or End User.
3.3 In any event, Seller shall have no responsibility for any delay caused by a sub-Seller where such sub-Seller has been designated by Buyer or End-User.
3.4 Except in the case of Force Majeure, Buyer shall reimburse Seller for costs of extra transportation, storage, and/or administration fees incurred as a result of any delay resulting from reasons not attributable to Seller.
3.5 In the event Seller fails to meet the Delivery Date for more than two (2) calendar weeks (grace period) due to reasons for which Seller or its sub-Sellers are directly responsible, and provided that the Purchase Order expressly provides Liquidated Damages for such failure, Buyer shall be entitled to require Seller to pay Liquidated Damages at the rate stated in the Purchase Order.
4.1 Seller shall not be liable for any non-performance, loss, damage, or delay due to war, riots, fire, flood, strikes or labor difficulty, governmental acts such as trade restrictions including embargoes, acts of God, acts of the Buyer, its customer, or the End-User, delays in transportation, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of Seller. In the event of delay in performance due to any such cause, the Delivery Date or time for completion of the Services will be extended to reflect the length of time lost by reason of such delay. Payment obligations shall not be affected by force majeure events. If the grounds for force majeure continue for more than six (6) months, either Seller or Buyer may terminate the Contract upon seven (7) Days' written notice to the other Party. Seller shall be entitled to be compensated for the extra costs caused by the interruption or, in the case of termination, for the work done prior to termination, and the expenses for non-cancelable procurements. Buyer shall be entitled to receive the work for which it has paid.
5.1 Unless otherwise required by applicable compulsory law, title to the Scope of Supply shall be transferred to Buyer after Seller has received payment in full of the Contract Price. Risk of loss or damage to the Scope of Supply shall pass to Buyer from the Seller upon delivery according to applicable Incoterms.
6.1 Seller is entitled to receive payment of the Contract Price on the dates determined in the Purchase Order or a respective Change Order, if any. For work carried out on a time basis, the prices shall be determined in accordance with Seller's hourly rates as specified in the Purchase Order.
6.2 The Contract Price and any part thereof are exclusive of sales, excise duties, VAT, sales taxes, or similar taxes and duties.
6.3 All payments shall be made net, without any deductions, within thirty (30) Days after the date of the invoice. Payment terms shall be as specified in the Purchase Order or any respective Change Order or, if not included therein, as specified in the Quotation.
6.4 If the Buyer does not comply with the agreed dates of payment, Buyer shall be liable, without reminder, for interest with effect from the agreed date on which payment was due, at a rate depending on the normal interest conditions at the Buyer’s domicile, but not less than five percentage points (5%) above the three months' LIBOR (London Interbank Offered Rate) applicable at the due date of the delayed payment.
6.5 In case of late payment, Seller may, after having notified the Buyer in writing, suspend its performance of the Scope of Supply until the open and due invoices have been paid.
6.6 If Buyer and Seller agreed on issuing a Letter of Credit by Buyer in favor of Seller, such Letter of Credit shall be irrevocable, extendable, and confirmed by a bank nominated by the Seller. If no nomination is provided, then by a first-class bank in the Seller's country of domicile. Payments under such Letter of Credit shall be made on sight against presentation by Seller of an invoice together with a bill of lading, airway bill, or warehouse receipt, as applicable, or whatever documents have been agreed upon between the Parties.
6.7 If the cost to the Seller of performing its obligations under the Contract shall be increased after the date of Quotation by reason of the making of any amendment of any law, order, regulation, or by-law having the force of law, the amount of such increase shall be added to the Contract Price.
6.8 Both Parties shall be entitled to set-off due amounts in accordance with the applicable law. However, the party effecting a set-off shall provide prior written notification detailing the reason for the set-off to the other Party.
7.1 The Scope of Supply shall be subject to Buyer's final inspection upon receipt at the delivery site. Claims for damage, shortage, errors in shipping, or rejection of the Scope of Supply, or portion thereof, must be made by Buyer in writing within fourteen (14) Days following the date of receipt at the delivery site or within the time period agreed in the Purchase Order or provided by applicable law. Failure to make such claims within the specified timeframe shall waive the claims, and the Scope of Supply shall be deemed irrevocably accepted by Buyer.
7.2 Buyer's sole remedy for such claims shall be the repair or replacement of the Scope of Supply by Seller. After the expiration of the aforementioned fourteen (14) Day period, all claims for defects shall be remedied in accordance with Clause 9, Warranty herein.
7.3 Services shall be accepted or rejected upon completion of such Services.
7.4 Unless otherwise agreed in the Purchase Order, costs related to inspections or tests of the goods shall be borne by the Buyer.
8.1 Buyer and Seller may request Changes in writing as defined in Clause 1.3 hereof. Upon receipt of a request for a Change by Seller, Seller will promptly advise Buyer of any amendments to the Contract that may be necessitated by such requested Changes.
8.2 The Parties shall strive to agree on a fair and equitable adjustment of the Contract amendments at their earliest convenience. In the event that an agreement cannot be reached within fifteen (15) Days after a Change has been requested by either Party, Seller shall be entitled to continue with the delivery of the Scope of Supply without the requested Change.
9.1 General Warranty:
Seller hereby warrants to the Buyer that the Scope of Supply shall be of quality craftsmanship, match the description provided in the Quotation Letter and remain free of manufacturing defects for the duration of the Warranty Period specified herein. If the Scope of Supply fails to comply with this warranty and Buyer promptly notifies Seller in writing during the Warranty Period, Seller shall, at its sole discretion and expense, modify, repair, or replace the defective Motor to meet its warranty obligations.
9.2 Specific Procedures for Different Types of Motors:
a. For Motors with frame size up to 215T (excluding Washdown Motors)
These motors are covered under a "No-Fault Warranty". Should a defect be discovered within the Warranty Period, the Seller will replace the Motor. This remedy applies one time per end-user, per application. For multiple failures within the Warranty Period, Buyer should contact the Seller’s Service Department for review. To process a “No-Fault” warranty claim, the following must be provided to the Seller by Buyer within 7 days of defect detection:
i. Original nameplate from the defective Motor.
ii. Copy of the original Seller invoice for the defective Motor.
iii. A comprehensive failure report for quality control record.
b. For Motors with a frame size larger than 215T
Defective Motors of this size must be inspected by an EASA accredited Service Center or, if none is available, an EASA-affiliated service shop. Based on the inspection findings and in accordance with the limitations of this Warranty Section, the Seller will determine warranty applicability. Prior to a warranty claim decision, the following are required:
i. Completed EASA Service Center inspection report.
ii. Repair Quote.
iii. Copy of the original Seller invoice for the defective Motor.
iv. For Frame 215T and larger, photos of the failure in JPEG format suitable for e-mailing.
c. For Washdown Motors
The warranty coverage period for these models is 24 months from the delivery date. Any warranty claim must include:
i. Copy of the original Seller’s invoice for the defective Motor.
ii. A complete EASA Service Center inspection report or a detailed description of the failure, accompanied by relevant photographs.
9.3 WARRANTY PERIOD
The Warranty Period for each type of Motor is as follows:
a. Washdown Motors: 24 months from the delivery date.
b. Standard and High Efficiency Low Voltage Motors: 18 months from the delivery date.
c. Premium and Super Premium Low Voltage Motors: 36 months from the delivery date.
d. IEEE 841 Motors: 60 months from the delivery date.
e. Custom Built Motors: 12 months from the startup date or 18 months from the delivery date, whichever comes first.
f. Medium Voltage Stock Products: 24 months from the delivery date.
g. If the Motor qualifies for more than one category, the longer warranty period will apply.
9.4 EXCLUSIONS AND LIMITATIONS OF THIS WARRANTY
a. This warranty does not cover failure due to normal wear and tear, inability to withstand corrosive or erosive substances, improper storage, installation, operation, or maintenance by the Buyer, or failure to provide accurate operational application information. This warranty is void if the Motor has been improperly modified or repaired by the Buyer or a third party, or if the Seller has not been promptly notified of a defect in writing. The sole obligation of the Seller under this warranty shall be to correct the non-conformities as stated herein, and this action shall fulfill all of the Seller’s obligations with regard to motor defects.
b. Motors that have been replaced or repaired will maintain the original Warranty Period, which will not be extended and will expire on the original expiration date. The Seller will not bear costs related to the removal, reinstallation, or accessing of the defective Motor. The exclusive remedy for a defective Motor will be its repair or replacement as specified in this Section 9.
c. This warranty does not cover products purchased from unauthorized dealers or distributors, including new products from these unauthorized sources.
d. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER'S EXCLUSIVE REMEDY AND THE SELLER’S SOLE OBLIGATION FOR ANY CLAIMS REGARDING DEFECTIVE OR NON-CONFORMING MOTORS SHALL BE AS STATED IN THIS WARRANTY.
10.1 Buyer confirms that it is fully authorized to use or grant permission to use the technical documentation provided to Seller for the performance of the Scope of Supply by Seller or its sub-Sellers. If Buyer is not authorized to order said performance from Seller without violating intellectual property rights of third parties, Buyer shall promptly inform Seller. In such cases, Seller shall suspend work until the necessary approvals have been obtained. Seller shall not use technical documentation received from Buyer for any purpose other than fulfilling the Contract.
10.2 Any know-how, inventions, patents, copyrights, or similar intellectual property belonging to or provided by Seller and used for or developed in the course of fulfilling the Contract by Seller shall remain Seller’s property. No ownership shall be transferred to Buyer, Buyer’s customer, or End-User with respect to such intellectual property, independent of the hardware on which it is made available. However, End-User shall be granted a limited right to use such intellectual property for the operation, maintenance, and repair of the Scope of Supply on a non-exclusive basis, excluding reproduction of the Scope of Supply or its parts.
10.3 Seller shall make reasonable efforts to ensure that the Scope of Supply, in the particular form designed and sold by Seller, does not infringe any intellectual property rights of third parties. In the event of any infringement, Seller may, at its sole discretion, procure the right to use the Scope of Supply without impairing its suitability, or modify or replace it to render it non-infringing. This is subject to Seller receiving prompt written notice from Buyer of the infringement, Buyer's assistance in the defense, and Seller's right to settle or defend.
10.4 The obligations of Seller in this Clause are not applicable to:
a. The Scope of Supply or part thereof manufactured according to Buyer's design.
b. Services performed using Buyer's documentation.
c. The use of the Scope of Supply or any part thereof in conjunction with any other product in a combination not furnished by Seller as part of the Scope of Supply.
d. Products fabricated by using the Scope of Supply.
For any of the above, Seller assumes no liability for infringement of third-party intellectual property rights, and Buyer shall indemnify Seller against any infringement claims. Seller shall cooperate with Buyer in the same manner as required by Seller under this Clause.
11.1 Buyer shall have the right to terminate the Contract (or any portion thereof) for cause if Seller:
a. Becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed, or files for bankruptcy or insolvency protection.
b. Substantially breaches its material obligations under the Contract, subject to providing written notice to Seller of the breach and intention to terminate, and Seller failing to cure the breach within a reasonable period.
11.2 If Buyer terminates the Contract under Clause 12, Buyer shall pay Seller for the completed and accepted portion of the Scope of Supply terminated, a neutral expert agreed upon by both Parties shall determine the price, which shall be accepted by both Parties. The determination of the price shall consider Seller's costs related to the partial Scope of Supply and the value of said partial Scope of Supply to the Buyer on a fair and reasonable basis. In the case where Buyer does not accept any part of the Scope of Supply, Buyer shall return any tangible and intangible goods already delivered to Seller at Seller's expense, and Seller shall reimburse the purchase price received. No further payments shall be owed by Seller.
11.3 Seller shall have the right to terminate the Contract (or any portion thereof) for cause if Buyer:
a. Becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed, or files for bankruptcy or insolvency protection.
b. Fails to comply with any material terms of the Contract, including failure to make payments when due or fulfill payment conditions.
11.4 If Seller terminates the Contract under this Clause, Seller shall be entitled to receive payment for all completed or partially completed Scope of Supply prior to the termination date, along with any extra costs and damages incurred due to the termination, including cancellation costs under subcontracts and expenses for non-cancelable procurement.
12.1 Buyer shall have the right to terminate the Contract upon fifteen (15) Days' prior written notice to Seller. Upon receipt of the notice, Seller shall cease performance, except as otherwise agreed with Buyer.
12.2 If Buyer terminates the Contract for convenience, Buyer shall compensate Seller as follows:
a. The agreed unit price for the completed and delivered Scope of Supply.
b. Additional material and labor costs incurred, as well as engineering services supplied by Seller with respect to the canceled items, charged at Seller's prevailing rates but not exceeding the Contract Price for such items.
c. Six percent (6%) of the costs and expenses mentioned in (b) above as a profit share.
d. Any other costs and expenses incurred by Seller in connection with the cancellation or termination.
e. If a cancellation schedule is included in the Contract, the specified amount on the schedule shall be paid.
13.1 If Buyer decides to suspend the Contract, Seller shall be entitled to compensation for any proven costs directly caused by the suspension. If the suspension extends beyond two (2) months, the Contract shall be deemed terminated for convenience under Clause 13.
13.2 In the event of a suspension as per Clause 14.1 or Clause 6.4, Seller shall resume work upon written instruction from Buyer, receipt of payments due and owing by Buyer under the Contract, and written agreement between the Parties regarding any requested Changes, as soon as the necessary workshop capacity becomes available.
14.1 In connection with the Contract, both Seller and Buyer (as the Disclosing Party) may disclose Confidential Information to each other (as the Receiving Party). Confidential Information shall not include information that: (i) becomes generally available to the public, other than through disclosure by the Receiving Party, its representatives, or its affiliates; (ii) is received by the Receiving Party from a source not subject to a confidentiality obligation to the Disclosing Party; (iii) is independently developed by the Receiving Party without reference to the Confidential Information; or (iv) is required to be disclosed by a competent court or government agency.
14.2 The Receiving Party agrees to use the Confidential Information solely in connection with the performance of the Contract or the installation, operation, maintenance, and use of the Scope of Supply. The Receiving Party shall take reasonable measures to prevent the disclosure of Confidential Information, except to its employees involved in the Contract's performance or the installation, operation, maintenance, or use of the Scope of Supply. If disclosure to a third party is necessary, the Receiving Party shall use its best efforts to ensure proprietary or confidential treatment of the information by the third party.
15.1 Seller shall export and/or re-export any Export Item in compliance with all Applicable Export Laws. Buyer acknowledges and agrees not to:
a. Divert, use, export, or re-export any Export Items in violation of Applicable Export Laws.
b. Export, re-export, or provide any Export Items to entities or individuals in countries subject to Sanctions.
c. Export, re-export, or provide any Export Item to entities or individuals ineligible under Applicable Export Laws.
15.2 If an export license is required, Seller shall prepare an application on Buyer's behalf and submit it to the appropriate authorities upon receipt of the Purchase Order. Buyer shall provide Seller with information regarding the validity, number, date of issue, and expiration date of any export license. Seller's performance under the Contract is contingent upon Seller receiving satisfactory evidence of a valid export license. Buyer shall reimburse Seller for all expenses incurred in obtaining the export license.
16.1 Both Parties shall indemnify and hold harmless the other Party from damages to third-party tangible property or bodily injury (including death) arising from the performance of the Contract to the extent that such damage or injury is attributable to the indemnifying Party's negligence or willful misconduct.
16.2 Any claim of contribution or indemnity between Seller and Buyer shall be resolved based on each Party's percentage of negligence, following the resolution of the third-party claim on which the liability is based.
17.1 The Contract is governed by and interpreted in accordance with the laws of the State of Texas, U.S.A., excluding its conflict or choice of law provisions.
17.2 In the event of any Dispute arising under or relating to the Contract, including claims created by statutory law, the parties shall first attempt to resolve it through informal mediation. Mediation shall be initiated by one party sending a written request for mediation, including a description of the Dispute, to the other party. The mediation process shall be conducted in a manner agreed upon by both parties. If the Dispute remains unresolved after 45 days from the written request for mediation, the Dispute shall be resolved as follows:
a. Disputes involving a Buyer that is not incorporated or does not have its principal offices in the U.S.A. shall be subject to arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The arbitration shall take place in Houston, Texas, with the number of arbitrators determined by the amount in dispute. The arbitration proceedings shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding.
b. Disputes not involving a Buyer that is not incorporated or does not have its principal offices in the U.S.A. shall be brought before an appropriate court in Harris County, Texas, and the Parties consent to the exclusive jurisdiction of such court for all such claims.
18.1 Any attempt by a Party to assign, transfer, or delegate any rights, duties, or obligations under the Contract to a third party without prior written consent from the other Party shall be deemed null and void. However, this restriction shall not apply when Seller, as part of its usual business practices, requires subcontractors or sub-Sellers to undertake or supply part of the work.
19.1 The failure of either Seller or Buyer to exercise any of their rights under the Contract shall not constitute a waiver or forfeiture of such rights.
20.1 If any provision of the Contract is determined to be void or unenforceable, such finding shall not affect the validity or enforceability of other provisions. Seller and Buyer shall make reasonable efforts to replace the void or unenforceable provision with a valid provision that preserves the original commercial intention to the extent permitted by law.
21.1 NOTWITHSTANDING ANY CONTRARY PROVISIONS IN THE CONTRACT, INCLUDING ALL ASSOCIATED DOCUMENTS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER SHALL NOT BE LIABLE TO BUYER, WHETHER BY WAY OF INDEMNITY OR AS A RESULT OF ANY BREACH OF CONTRACT, STATUTORY DUTY, OR TORT (INCLUDING NEGLIGENCE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF CONTRACTS OR EARNINGS, DELAY DAMAGES, INTERRUPTION OR LOSS OF PRODUCTION, LOSS OF USE, LOSS OF OPPORTUNITY OR BUSINESS, SUFFERED BY BUYER. BUYER AGREES TO DEFEND, INDEMNIFY, AND HOLD SELLER HARMLESS FROM ANY CLAIMS MADE BY END-USER OR BUYER'S CUSTOMERS FOR SUCH LOSSES. SELLER'S LIABILITY WITH RESPECT TO ANY CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR WARRANTY, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE CONTRACT PRICE OR PORTION THEREOF UPON WHICH THE LIABILITY IS BASED, UNLESS CLAIMS ARISE FROM SELLER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE TERM "GROSS NEGLIGENCE" SHALL MEAN RECKLESS DISREGARD OR WANTON INDIFFERENCE TO HARMFUL AND AVOIDABLE CONSEQUENCES, WHILE "WILLFUL MISCONDUCT" SHALL MEAN INTENTIONAL DISREGARD FOR THE SAFETY OF OTHERS AND/OR THEIR PROPERTY. GROSS NEGLIGENCE AND WILLFUL MISCONDUCT SHALL NOT INCLUDE ACTS OR OMISSIONS MADE IN GOOD FAITH OR ERRORS OF JUDGMENT.
Glossary of Terms
Motor current refers to the amount of electrical current flowing through an electric motor during operation. It is typically measured in units of amperes (A) or milliamperes (mA) and is an important parameter in determining the performance and efficiency of the motor.
The amount of current flowing through an electric motor is determined by a variety of factors, including the motor's design, the voltage of the power source, the load on the motor, and the speed of the motor. As the load on the motor increases, the amount of current required to maintain a given speed also increases.
In general, the motor current can be used to determine the power consumption and efficiency of the motor. Higher current levels typically indicate that the motor is operating at a higher power level and is consuming more electrical energy. By monitoring the motor current, it is possible to optimize the motor's performance and ensure that it is operating within safe limits.
Motor current is also an important factor in the design and operation of electrical systems. Overloading a motor with excessive current can cause it to overheat and fail, which can result in damage to the motor and other components of the system. Properly sizing the motor and ensuring that it is operating within safe limits can help to ensure reliable and efficient operation of the system.
Is an electrical parameter that measures the number of cycles per unit time of an alternating current (AC) or signal. It is expressed in Hertz (Hz), which represents the number of cycles per second.
In an AC circuit, the frequency is the rate at which the current alternates direction, and it is determined by the frequency of the source of the AC power. The frequency of an AC power source in most countries is 50 or 60 Hz, which means that the current alternates direction 50 or 60 times per second.
In electronic systems, frequency is used to describe the rate at which signals are generated and processed. In radio communication systems, the frequency of a signal determines its wavelength, and different frequencies are used for different types of communication.
The frequency of an electrical signal can be measured using a frequency meter or an oscilloscope. The frequency of an AC power source can be controlled by adjusting the speed of the generator or by using frequency converters.
Frequency is an important parameter in the design and analysis of electrical systems. It affects the behavior of electrical components and can impact the performance and efficiency of electronic systems. Understanding the frequency of an electrical signal is critical in the design and analysis of electronic systems, and it must be carefully controlled and monitored to ensure the reliable and safe operation of electrical systems.
Is the amount of electrical current that flows through an electric motor when it is operating at its rated load and speed. It represents the maximum current draw of the motor under normal operating conditions and is used to specify the electrical requirements of the motor.
The full-load current is typically determined by the design and rating of the motor, as well as the load that it is driving. It is specified in the motor's documentation and can be used to properly size and protect the electrical circuitry that supplies power to the motor.
Knowing the full-load current of a motor is important for several reasons. It helps to ensure that the motor is being operated within safe limits and that the electrical circuitry is properly sized and protected against overloads. It can also be used to calculate the energy consumption of the motor, which is important for estimating operating costs and determining the environmental impact of the motor.
Areas that are classified as dangerous because of the presence of flammable gases, liquids, dust, or fibers that can ignite and cause explosions or fires.
Is a unit of power that is commonly used to describe the output power of engines and motors. It is a measure of the rate at which work is done, and is defined as the power required to lift a weight of 550 pounds at a rate of one foot per second, or the equivalent of 745.7 watts.
The horsepower unit was originally developed by James Watt, a Scottish inventor and engineer who worked on improving steam engines in the late 18th century. He used the term "horsepower" to compare the output of steam engines to the power of draft horses, which were commonly used to perform work in his time.
A global organization that publishes international standards for electrical and electronic equipment and systems.
An electric motor that uses an electromagnetic induction principle to generate torque.
Permanent Magnet Motor: An electric motor that uses a permanent magnet to generate the magnetic field, rather than using an electromagnetic winding.
Also known as locked-rotor amps (LRA), is the electrical current that flows through an electric motor when its rotor is prevented from turning while voltage is applied. This can occur when the motor is initially started or if it becomes jammed or overloaded during operation.
The locked-rotor current is typically much higher than the full-load current of the motor, and can be several times greater. This is because when the rotor is prevented from turning, the motor is unable to develop a magnetic field and the stator windings draw high levels of current to try to produce the required torque.
The magnitude of the locked-rotor current is dependent on several factors, including the motor's design, size, and rating, as well as the voltage of the power supply. The locked-rotor current is specified by motor manufacturers and is an important parameter to consider when designing electrical systems that use motors.
The high current draw of the locked-rotor condition can cause damage to the motor, as well as the electrical circuitry supplying power to the motor. As a result, protective devices such as fuses or circuit breakers are typically used to limit the current to a safe level and prevent damage to the motor or electrical system.
Knowing the locked-rotor current is important for properly sizing and selecting protective devices, as well as designing and optimizing electrical systems for maximum efficiency and reliability.
A set of safety regulations for the installation and maintenance of electrical equipment in the United States.
(of an electric motor) refers to the amount of power that the motor is capable of delivering to its load. It is a measure of the motor's ability to convert electrical energy into mechanical energy.
The output rating of an electric motor is typically expressed in horsepower (HP) or watts (W). Horsepower is a unit of power that is commonly used in North America, while watts are used in most other parts of the world. The output rating can also be expressed in kilowatts (kW), which is equal to 1,000 watts.
The output rating of an electric motor depends on several factors, including the motor's size, speed, and efficiency. The speed and torque of the motor determine its power output, which is typically specified by the manufacturer for a given operating condition. The output rating may also be influenced by the ambient temperature, altitude, and other environmental factors that affect the motor's performance.
The output rating of an electric motor is an important parameter in selecting and designing motor-driven equipment. It determines the motor's suitability for a given application and the size of the motor required to meet the power demands of the load. Properly matching the output rating of the motor to the load is critical to ensuring efficient and reliable operation of the motor and equipment.
Is a dimensionless quantity that expresses the ratio of the real power (also known as active power) to the apparent power (the product of voltage and current) in an alternating current (AC) electrical circuit.
It represents the efficiency with which the electrical power is being used in the circuit, and ranges from 0 to 1, with a value of 1 indicating a purely resistive load and no reactive power.
In practical applications, most AC loads have both resistive and reactive components, which can cause the power factor to be less than 1. A lower power factor means that more apparent power is required to deliver a given amount of real power, which can lead to higher energy costs and reduce the overall efficiency of the electrical system.
Power factor can be improved by using power factor correction devices, such as capacitors, to reduce the amount of reactive power in the circuit. This can improve the overall efficiency of the electrical system and reduce energy costs.
Certificate in Colombia is the mandatory certification related to all electrical installations for residential or industrial use.
Is the Colombian regulation for energy efficiency, applicable to: Air conditioners.
Refrigerators/freezers (household and commercial) Lighting ballast. Electric motors.
The rotating part of an electric motor that is attached to the output shaft.
Is a rating used to indicate the ability of an electric motor to handle intermittent overloading or operating conditions that exceed the motor's nameplate rating. It is typically expressed as a percentage, such as 1.15 or 1.25, and is applied to the motor's rated horsepower (HP) to determine its maximum safe operating capacity.
The service factor represents the amount of additional load that the motor can handle above its rated load without overheating or suffering damage. For example, a motor with a nameplate rating of 10 HP and a service factor of 1.15 can safely operate at 11.5 HP for short periods of time, such as during peak demand or starting.
The service factor is determined by the design and construction of the motor and is specified by the manufacturer. It is important to note that the use of the service factor should be limited to intermittent or occasional overloading and should not be used as a means to regularly operate the motor beyond its rated capacity.
Exceeding the service factor rating for prolonged periods of time can cause the motor to overheat, reduce its operating life, and increase the risk of premature failure. Therefore, it is important to properly size and select motors for the specific application and operating conditions to ensure reliable and efficient operation.
An electric motor that moves in precise steps, rather than continuously.
Is a measure of the rotational force or turning effort exerted by an electric motor. It is defined as the product of force and the distance from the axis of rotation to the point where the force is applied.
Torque is typically measured in units of Newton-meters (Nm) or pound-feet (lb-ft), and is a function of the motor's speed, current, and the number of magnetic poles in the motor.
In an electric motor, torque is created by the interaction between the magnetic fields of the stator and rotor. When current is applied to the stator windings, a magnetic field is created that interacts with the magnetic field of the rotor, causing it to turn. The amount of torque generated by the motor is proportional to the strength of the magnetic field and the current flowing through the windings.
The torque of an electric motor is an important parameter in determining its performance and suitability for a given application. It is used to specify the motor's ability to produce a certain amount of rotational force or to overcome a certain amount of resistance. The torque required by the load must be matched to the torque output of the motor to ensure efficient and reliable operation.
In addition to its role in electric motors, torque is also a key parameter in many other types of electrical equipment, such as gearboxes, couplings, and shafts. In these applications, torque is used to measure the amount of rotational force exerted by the equipment and to ensure that it can handle the required load.
LOCKED-ROTOR TORQUE
Locked-rotor torque (‘Breakaway Torque’ or ‘Starting Torque’) is the torque which the motor will develop at rest (for all angular positions of the rotor) with rated voltage at rated frequency applied. It is also sometimes known as starting torque and is usually expressed as a percentage of full-load torque.
PULL-UP TORQUE
Pull-up (pull-in) torque is the minimum torque developed during the period of acceleration from locked-rotor to the speed at which breakdown torque occurs. For motors which do not have a definite breakdown torque (such as NEMA
design D) pull-up torque is the minimum torque developed up to rated full-load speed. It is usually expressed as a percentage of full-load torque.
BREAKDOWN TORQUE
Breakdown (Maximum or Pull-out) torque is the maximum torque the motor will develop with rated voltage applied at rated frequency without an abrupt drop in speed.
Breakdown torque is usually expressed as a percentage of full-load torque.
FULL-LOAD TORQUE
Full-load torque is the torque necessary to produce rated horsepower at full-load speed. In pound-feet, it is equal to the rated horsepower times 5252 divided by the full-load speed in RPM
Is an electrical parameter that pertains to electric apparatus and represents the potential difference between two points in an electric circuit. It is measured in volts (V) and is the force that drives the flow of electric charge through an electric apparatus. Electric apparatus such as transformers, motors, generators, and power supplies are designed to operate at specific voltage levels. The voltage rating of an electric apparatus indicates the maximum voltage level that it can safely handle without damage or malfunction. In transformers, voltage is used to transform the voltage level of an AC power source to a higher or lower voltage level. This voltage transformation is achieved by induction, where the voltage is transferred from the primary winding to the secondary winding through a magnetic field. In motors and generators, voltage is used to generate a magnetic field that produces mechanical energy. The voltage is applied to the coils of the motor or generator, which generates a magnetic field that interacts with a permanent magnet to produce rotation. In power supplies, voltage is used to regulate the output voltage level and provide a stable power source to other electrical components. The voltage is regulated using a feedback mechanism that adjusts the output voltage level based on the input voltage level and load conditions. Voltage is a critical parameter in the design and operation of electric apparatus. It must be carefully controlled and monitored to ensure the safe and efficient operation of the electrical system. Note As distribution system voltages vary from country to country, motor nameplate voltage should be selected according to the country in which it will be operated. In general, however, nominal voltages are between 230V/400V and 400V/690V. IEEE 141 and IEC 60038 also provide references to 'System voltages'.