tekmar 542 Thermostat User Manuals - Manual (Page 12)

Product design, software and literature are Copyright © 2007 by:
tekmar Control Systems Ltd. and tekmar Control Systems, Inc.
12 of 12
All specifications are subject to change without notice.
Printed in Canada. U 542 - 08/07.
tekmar Control Systems Ltd., Canada
tekmar Control Systems, Inc., U.S.A.
Head Office: 5100 Silver Star Road
Vernon, B.C. Canada V1B 3K4
(250) 545-7749 Fax. (250) 545-0650
Web Site: www.tekmarcontrols.com
Limited Warranty and Product Return Procedure
Limited Warranty The liability of tekmar under this
warranty is limited. The Purchaser, by taking receipt
of any tekmar product (“Product”), acknowledges the
terms of the Limited Warranty in effect at the time of
such Product sale and acknowledges that it has read
and understands same.
The tekmar Limited Warranty to the Purchaser on the
Products sold hereunder is a manufacturer’s pass-
through warranty which the Purchaser is authorized to
pass through to its customers. Under the Limited War-
ranty, each tekmar Product is warranted against defects
in workmanship and materials if the Product is installed
and used in compliance with tekmar’s instructions, ordi-
nary wear and tear excepted. The pass-through warranty
period is for a period of twenty-four (24) months from the
production date if the Product is not installed during that
period, or twelve (12) months from the documented date
of installation if installed within twenty-four (24) months
from the production date.
The liability of tekmar under the Limited Warranty shall
be limited to, at tekmar’s sole discretion: the cost of parts
and labor provided by tekmar to repair defects in materi-
als and / or workmanship of the defective product; or to the
exchange of the defective product for a warranty replace-
ment product; or to the granting of credit limited to the origi-
nal cost of the defective product, and such repair, exchange
or credit shall be the sole remedy available from tekmar,
and, without limiting the foregoing in any way, tekmar is
not responsible, in contract, tort or strict product liability,
for any other losses, costs, expenses, inconveniences, or
damages, whether direct, indirect, special, secondary, inci-
dental or consequential, arising from ownership or use of
the product, or from defects in workmanship or materials,
including any liability for fundamental breach of contract.
The pass-through Limited Warranty applies only to those
defective Products returned to tekmar during the warranty
period. This Limited Warranty does not cover the cost of the
parts or labor to remove or transport the defective Product,
or to reinstall the repaired or replacement Product, all such
costs and expenses being subject to Purchaser’s agree-
ment and warranty with its customers.
Any representations or warranties about the Products made
by Purchaser to its customers which are different from or in
excess of the tekmar Limited Warranty are the Purchaser’s
sole responsibility and obligation. Purchaser shall indem-
nify and hold tekmar harmless from and against any and all
claims, liabilities and damages of any kind or nature which
arise out of or are related to any such representations or
warranties by Purchaser to its customers.
The pass-through Limited Warranty does not apply if the
returned Product has been damaged by negligence by per-
sons other than tekmar, accident, fire, Act of God, abuse or
misuse; or has been damaged by modifications, alterations
or attachments made subsequent to purchase which have
not been authorized by tekmar; or if the Product was not
installed in compliance with tekmar’s instructions and / or
the local codes and ordinances; or if due to defective instal-
lation of the Product; or if the Product was not used in com-
pliance with tekmar’s instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRAN-
TIES, EXPRESS OR IMPLIED, WHICH THE GOVERNING
LAW ALLOWS PARTIES TO CONTRACTUALLY EXCLUDE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRAN-
TIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE, DURABILITY OR DESCRIPTION OF
THE PRODUCT, ITS NON-INFRINGEMENT OF ANY REL-
EVANT PATENTS OR TRADEMARKS, AND ITS COMPLI-
ANCE WITH OR NON-VIOLATION OF ANY APPLICABLE
ENVIRONMENTAL, HEALTH OR SAFETY LEGISLATION;
THE TERM OF ANY OTHER WARRANTY NOT HEREBY
CONTRACTUALLY EXCLUDED IS LIMITED SUCH THAT
IT SHALL NOT EXTEND BEYOND TWENTY-FOUR (24)
MONTHS FROM THE PRODUCTION DATE, TO THE
EXTENT THAT SUCH LIMITATION IS ALLOWED BY THE
GOVERNING LAW.
Product Warranty Return Procedure All Products that
are believed to have defects in workmanship or materials
must be returned, together with a written description of the
defect, to the tekmar Representative assigned to the terri-
tory in which such Product is located. If tekmar receives an
inquiry from someone other than a tekmar Representative,
including an inquiry from Purchaser (if not a tekmar Repre-
sentative) or Purchaser’s customers, regarding a potential
warranty claim, tekmar’s sole obligation shall be to provide
the address and other contact information regarding the
appropriate Representative.