Warranty - Tekmar 541 User Brochure

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 manufactur-
er'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, 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 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, secondary, incidental or
consequential, arising from ownership or use of the product, or from defects in workmanship or mate-
rials, 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 representa-
tions 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 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 instruc-
tions and / or the local codes and ordinances; 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 PRODUCT, ITS NON-INFRINGEMENT OF
ANY RELEVANT PATENTS OR TRADEMARKS, AND ITS COMPLIANCE WITH OR NON-VIOLA-
TION 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 workman-
ship 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 Representative, 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 appropri-
ate Representative.
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
All specifications are subject
to change without notice
Product design, software and literature
are Copyright © 2007 by:
tekmar Control Systems Ltd. and tekmar
Control Systems, Inc.
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