Policy Statement

Data Worx is for trained professional use ONLY.   Prior to first sale of Data Worx, Nu-Calgon training is required to teach benefit analysis and tools available, how to prepare and apply, PPE requirements, and proper disposal.    Documented contractor training is required for Data Worx warranty consideration. 

Data Worx Limited Warranty

Nu-Calgon warrants to the purchaser (“Purchaser”) of Data Worx™ supplied by Nu-Calgon (“Product”) will, during the Warranty Term (defined below) be free of material defects and will provide adequate heat transfer and protection. This Limited Warranty is subject to the terms and conditions set forth in this Limited Warranty document, including without limitation, on the conditions that:

  • (i) Purchaser to be fully trained by Nu-Calgon or (ii) the Product was installed in adherence to the Nu-Calgon approved and recommended application guidelines, (iii) compliant maintenance and cleaning takes place (and that the program is being administered to the full extent) every six (6)months, and (iiii) the Product is utilized within the approved conditions and atmospheres for which the coating system has been formulated to protect against1.

This Limited Warranty document sets out the entire financial liability of Nu-Calgon (including any liability for the acts or omissions of its personnel) in respect of: (i) any failure of the Product to comply with this Limited Warranty; (ii) any use made of the Product; and (iii) any representation, statement or tortious act or omission (including negligence) of Nu-Calgon in connection with the provision of the Product. See the “Your Remedies” section at the end of this Limited Warranty.

This Limited Warranty covers any defects in material supplied by Nu-Calgon and such Product’s performance when applied per Nu-Calgon’s application guideline (as published and updated from time to time) and does not cover any failure of adequate workmanship in the application of the Product.

The “Warranty Term” means the five (5) year period commencing on the verified date that Data Worx was applied to the coil.

EXCLUSIONS

 

Notwithstanding anything in this document, the Limited Warranty does not apply to any defect, failure, loss or damage:

  • not directly caused by defects in the Product;
  • suffered where the Product was not installed or applied in accordance with Nu-Calgon’s application guidelines (as published and updated from time to time);
  • suffered due to failure to correctly complete maintenance and cleaning program at least once every six (6) months;
  • connected to or arising in respect of the deterioration of substrate material (e.g., excessive damage of existing coils); or
  • connected to or arising from poor workmanship in adhering to the Nu-Calgon application procedures (as published and updated from time to time). Nu-Calgon makes no warranty and hereby disclaims any warranty:
  • that the Product supplied in connection with this document will meet your requirements or be fit for any particular purpose or function other than as specified in any applicable purchase order or similar; or
  • about the suitability or performance of any third-party service provider referred to you by Nu-Calgon.

EXCEPT FOR THE EXPRESS WRITTEN WARRANTIES MADE BY NU-CALGON IN THIS LIMITED WARRANTY DOCUMENT, NU-CALGON MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCT AND DISCLAIMS

 

To provide up to 5 years of superior heat transfer and protection, the Product is formulated for the following conditions and atmospheres: Air cooled coils used in stationery and transport HVAC/R, thermal management and process cooling applications within the application and duty temperature range stated in Nu-Calgon literature. For corrosive industrial applications, contact Nu-Calgon for added guidance on whether the specific application is suitable for Data Worx.

ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NON-INFRINGEMENT. IN NO EVENT SHALL NU-CALGON BE LIABLE TO YOU OR YOUR CUSTOMERS FOR AN INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REPUTATION OR OTHER ECONOMIC LOSS ARISING FROM FOR ANY REASON WHATSOEVER.

 

YOUR SOLE REMEDY AND THE SOLE LIABILITY OF NU-CALGON UNDER THIS WARRANTY, IS THE REPLACEMENT OF PRODUCT AND DOES NOT INCLUDE LABOR OR COSTS ASSOCIATED WITH THE APPLICATION OR REMOVAL OF ANY PRODUCT.

 

(Some states do not allow limitations on how long an implied warranty lasts or limitations on incidental or consequential damages, so portions of the limitations above might not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.)

 

Warranty Conditions; End User Obligations

To obtain warranty service under the Limited Warranty, you must first contact your supplier/contractor to discuss the problem and the most appropriate solution for you.

In the event of an application failure and an ensuing dispute as to the cause of said failure, a collaborative team of a Nu-Calgon personnel member, an applicator, and the end-user will meet in good faith to: (i) discuss the condition of units prior to application; and (ii) review the installation process, with the goal of mutually determining the root cause of the failure.

In addition to the other terms of this Limited Warranty, in order to be eligible for coverage by the Limited Warranty, each of the following conditions must be satisfied:

  • Documentation such as system photos, system vitals as condensing unit energy usage, system pressures and temperatures before and after Data Worx application including any service records prior and post Data Worx application.
  • The exposure conditions of the coil must have at no time exceeded the limitations of Data Worx stated in literature
  • Inspection / maintenance requirements must have been performed in accordance with Nu-Calgon’s recommendations using Nu-Calgon’s approved chemicals and methods;
  • Product must be applied by trained contractor;
  • Product must be applied and maintained according to Nu-Calgon product application and maintenance instructions to a properly prepared surface;
  • Nu-Calgon must be provided proof of application, including before/after coil photos, and proof of purchase for the Product;
  • No improper cleaning chemicals or high-pressure water is used to clean the coil after application of the Product;
  • Notice of any failure must have been presented, in writing, to Nu-Calgon within fifteen (15) days of discovering the defect.

LOSSES, AND NU-CALGON WILL HAVE NO OBLIGATIONS, TO THE EXTENT EACH OF THE CONDITIONS SET OUT ABOVE ARE NOT SATISFIED.

The corrosion limitations have been tested in excess of 30,000 hours under the ASTM B117 salt spray conditions.

ACTIONS REQUIRED TO MAINTAIN THE LIMITED WARRANTY

 

Failure to comply with each of the following requirements will cause this Limited Warranty to become void and of no further force and effect:

  • Performing regular maintenance in accordance with Nu-Calgon guidelines and recommended practices (as published and updated from time to time). Coil cleaning is considered regular maintenance during the Warranty Term. Unless otherwise advised by Nu-Calgon, coil cleaning requires the use of Nu-Calgon’s Cal-Green (for outdoor) or Evap-Green (for indoor), or other Nu-Calgon cleaner with a designed pH of 7-12 with water dilution, with an immediate low-pressure water rinse to maintain Data Worx warranty. Do not use wire brushes, scrapers, or other abrasives that may damage the coating. High pressure water spray or the use of acid / solvent / amine / ether / ester cleaners or aggressive alkaline cleaners formulated with sodium/potassium hydroxide will void the warranty.
  • Maintaining evidence/records of all regular maintenance and cleaning performed;
  • Storing unopened Product in accordance with the Store and Handling section of applicable Nu-Calgon supporting literature;
  • Providing prompt attention to needed repair and service of equipment or coating, including as recommended by Nu-Calgon guidelines and recommended practices (as published and updated from time to time); and
  • Scheduling and recording with reasonable supporting evidence that coil cleaning and inspection of coated coil(s) takes place as follows:
  • Coils must be cleaned at least every six months and may require more frequent cleaning in highly aggressive environments; and
  • Following the cleaning of the coil, inspect and log as follows:
  • Check coating for abrasion, erosion, or corrosion damage;
  • Inspect for coating damage at the fin edges, fin/tube interface and at the “U” bends of the header portion of the coil or micro channels edges and
  • Notify Nu-Calgon within 15 days of discovery of any coating damage. Notification must include evidence of coating failure, e.g. fin samples, photographs, etc.

FOR THE AVOIDANCE OF DOUBT, YOU WILL NOT BE COVERED BY THE LIMITED WARRANTY, AND NU-CALGON WILL HAVE NO OBLIGATION TO YOU, TO THE EXTENT EACH OF THE CONDITIONS SET OUT ABOVE ARE NOT SATISFIED.

 

YOUR REMEDIES

For any breach of this Limited Warranty, Nu-Calgon’s sole obligation and liability shall be to replace, at no cost, an equivalent quantity of Product required re-coat/re-apply Product to those areas of the coil where the Product defect has occurred.