Limited Warranty - Tekmar Invita Installation, Operation And Maintenance Manual

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 Warranty, each
tekmar Product is warranted against defects in workmanship and materials if the Product is installed and used
in compliance with tekmar's instructions, ordinary 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 materials and / or workmanship of the defective product; or to the
exchange of the defective product for a warranty replacement product; or to the granting of credit limited to the
original 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, sec-
ondary, incidental 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
agreement 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
indemnify 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 persons other than tekmar, accident, fire, Act of God, abuse or misuse; or has been damaged by modifica-
tions, 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 ordi-
nances; or if due to defective installation of the Product; or if the Product was not used in compliance with
tekmar's instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH THE GOVERNING LAW
ALLOWS PARTIES TO CONTRACTUALLY EXCLUDE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, DURABILITY OR DESCRIPTION OF THE PROD-
UCT, ITS NON-INFRINGEMENT OF ANY RELEVANT PATENTS OR TRADEMARKS, AND ITS COMPLIANCE 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
territory in which such Product is located. If tekmar receives an inquiry from someone other than a tekmar Repre-
sentative, including an inquiry from Purchaser (if not a tekmar Representative) 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.
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All specifications are subject to change without notice
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