- Home >
Seller warrants that its products will be free from defects in material and workmanship for a period of ten (10) years from the date of sale. If a product does not meet the requirements of this limited warranty, Seller’s sole liability and obligation is limited to the repair or replacement of the product (or, at Seller’s option, a refund of the purchase price of the product). Buyer acknowledges and agrees that the foregoing is Buyer’s sole and exclusive remedy for any defective product, and that Seller shall not be liable for any special, collateral or consequential damages, including, without limitation, costs of labor, removal, reinstallation or transportation, damage to person or property, or other charges. In order to make a claim under this limited warranty, (i) Buyer must give Seller written notice within thirty (30) days after the occurrence of an event giving rise to a breach of this limited warranty, and (ii) Seller must be afforded the opportunity to inspect the product in question prior to any repair, replacement, alteration or disposal thereof. If this notice is not timely given and such inspection not afforded or possible, then Seller shall have no liability for such product under this limited warranty. This limited warranty shall be void and of no force or effect, and Seller willhave no liability, in the event: (a) the product is damaged during or after installation from freezing, fire, water, lightening, acts of God or any other circumstances beyond the control of Seller; (b) the product is damaged by tear, break, stress concentration loading to the interior or exterior of the product or other causes due to external forces;(c) the product is damaged by exposure to harmful chemicals or ultraviolet light; or (d)the product is damaged due to abnormal operating conditions, accident, abuse, misuseor unauthorized alteration or repair. In order for this limited warranty to apply (I) the product must have been installed in accordance with Seller’s installation instructions and all applicable electrical, plumbing, marine, building and mechanical codes; (II)the product must be continuously used in accordance with Seller’s operating and maintenance instructions in effect at the time of sale of the product (including, without limitation, the testing under pressure of products after installation); (III) the product must not have been used in a manner contrary to the use for which the product was intended or contrary to any instructions for or warnings on the product; (IV) the product must not have been altered or modified; and (V) all parts (including piping and tubing) used in connection with the product must be within Seller’s published specifications and dimensional tolerance ranges. If any of the foregoing are not complied with, then this limited warranty shall be void and of no force or effect. Not withstanding anything hereinto the contrary, this limited warranty shall not apply to, and there are no warranties whatsoever on, any products furnished by Seller to Buyer which are built or acquired, wholly or partially, to Buyer’s designs or specifications.