Wayne-Dalton TORQUE MASTER PLUS 9400 User Manual

Page 9

age, improper installation, or any alteration of the door or its components, abuse, damage from

corrosive fumes or substances, salt spray or saltwater air, fire, Acts of God, failure to properly

maintain the door, or attempt to use the door, its components or related products for other than

its intended purpose and its customary usage. This limited Warranty does not cover ordinary

wear. This limited Warranty will be voided if the original finish is painted over, unless Manufac-

turer’s preparation and painting instructions are followed explicitly. This limited Warranty will be

voided if any holes are drilled into the door, other than those specified by the Manufacturer.

THIS lIMITED WARRAnTY COVERS A COnSuMER PRODuCT AS DEfInED BY THE

MAGnuSOn-MOSS ACT. nO WARRAnTIES, ExPRESS OR IMPlIED (InCluDInG BuT nOT

lIMITED TO THE WARRAnTY Of MERCHAnTABIlITY OR fITnESS fOR A PARTICulAR PuRPOSE)

WIll ExTEnD BEYOnD THE TIME PERIOD SET fORTH In

uNDERsCORED BOLD fACE TyPE In

THIS lIMITED WARRAnTY, ABOVE.

Some States do not allow limitations on how long an implied warranty lasts, so the

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above limitations may not apply to you.

Any claim under this limited Warranty must be made in writing, within the applicable

warranty period, to the dealer from which the product was purchased. unless the dealer is no

longer in business, a written claim to the Manufacturer will be the same as if no claim had been

made at all.

At the Manufacturer’s option, a service representative may inspect the product on site,

or Buyer may be required to return the product to the Manufacturer at Buyer’s expense. Buyer

agrees to cooperate with any representative of the Manufacturer and to give such representative

full access to the product with the claimed defect and full access to the location of its installa-

tion.

If the Manufacturer determines that the claim is valid under the terms of this limited

Warranty, the Manufacturer will repair or replace the defective product. The decision about

the manner in which the defect will be remedied will be at the discretion of the Manufacturer,

subject to applicable law. THE REMEDY WIll COVER OnlY MATERIAl. THIS lIMITED WARRAnTY

DOES nOT COVER OTHER CHARGES, SuCH AS fIElD SERVICE lABOR fOR REMOVAl, InSTAl-

lATIOn, PAInTInG, SHIPPInG, ETC.

Any repairs or replacements arranged by Manufacturer will be covered by (and subject

to) the terms, conditions, limitations and exceptions of this limited Warranty; provided, however,

that the installation date for the repaired or replaced product will be deemed to be the date the

original product was installed, and this limited Warranty will expire at the same time as if there

had been no defect. If a claim under this limited Warranty is resolved in a manner other than

described in the immediately preceding paragraph, then neither this limited Warranty nor any

other warranty from the Manufacturer will cover the repaired or replaced portion of the product.

THE REMEDIES fOR THE BuYER DESCRIBED In THIS lIMITED WARRAnTY ARE ExClu-

SIVE and take the place of any other remedy. The liability of the Manufacturer, whether in con-

tract or tort, under warranty, product liability, or otherwise, will not go beyond the Manufacturer’s

obligation to repair or replace, at its option, as described above. THE MAnufACTuRER WIll

nOT unDER AnY CIRCuMSTAnCES BE lIABlE fOR SPECIAl, InCIDEnTAl, OR COnSEQuEnTIAl

DAMAGES, including (but not limited to) damage or loss of other property or equipment, personal

injury, loss of profits or revenues, business or service interruptions, cost of capital , cost of

purchase or replacement of other goods, or claims of third parties for any of the foregoing.

Some States do not allow the exclusion or limitation of incidental or consequential dam-

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ages, so the above limitation or exclusion may not apply to you.

no employee, distributor, dealer, representative, or other person has the authority to

modify any term or condition contained in this limited Warranty or to grant any other warranty

on behalf of or binding on the Manufacturer, and anyone’s attempt to do so will be null and void.

Buyer should be prepared to verify the date of installation to the satisfaction of the

Manufacturer.

The rights and obligations of the Manufacturer and Buyer under this limited Warranty

will be governed by the laws of the State of Ohio, uSA, to the extent permitted by law.

This limited warranty gives you specific legal rights and you may also have other rights,

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which may vary from state to state.

Limited Warranty

Models 5120 And 5140

Subject to the terms and conditions contained in this limited Warranty, Wayne-Dalton

Corp. (“Manufacturer”) warrants the sections of the door, which is described at the top of this

page, for a period of

TEN (10) yEARs from the date of installation against:

The door becoming inoperable due to rust-through of the steel skin from the core of

iii)

the door section, due to cracking, splitting, or other deterioration of the steel skin, or

due to structural failure caused by separation or degradation of the foam insulation.

Peeling of the original paint on the door as a result of a defect in the original paint or

iv)

in the application of the original paint coating, in cases where the door sections and

the original paint: (a) have not been subjected to adverse atmospheric conditions or

contaminates (such as salt water or other marine environment, or to toxic or abrasive

substances, including those in the air); (b) have been maintained in compliance with

Manufacturer’s recommendations; and (c) have not been subject to physical abra-

sion, impacted by a hard object, or punctured (including without limitation “paint rub”

occurring in metal to metal contact and movement).

The Manufacturer warrants the garage door hardware (except springs) and the tracks of

the above-described door, for a period of

TEN (10) yEARs from the date of installation, against

defects in material and workmanship, subject to all the terms and conditions below.

The Manufacturer warrants those component parts of the door not covered by the

preceding provisions of this limited Warranty against defects in material and workmanship for a

period of

ONE (1) yEAR from the date of installation.

The Manufacturer warrants the factory-applied finish and the factory attached stiles

against fading and cosmetic changes from the time of installation for

TWO (2) yEARs. If the

door is re-stained or re-painted, the

TWO (2) yEARs warranty for the factory-applied finish is

void. The Model 5140 factory attached stiles (if applicable) are warranted against peeling, crack-

ing, chalking, or delamination from the time of installation for

TWO (2) yEARs.

This limited Warranty is extended only to the person who purchased the product

and continues to own the premises (where the door is installed) as his/her primary residence

(“Buyer”). This limited Warranty does not apply to residences other than primary, or to com-

mercial or industrial installations, or to installations on rental property (even when used by a

tenant as a residence). This limited Warranty is not transferable to any other person (even when

the premises is sold), nor does it extend benefits to any other person.

The Manufacturer will not be responsible for any damage attributable to improper stor-