The manufacturer warrants that if there are any defects in material or workmanship in any heating cable or accessory during the first year after the date of purchase. We will provide new products to replace any defective items, or we will refund the purchase price paid for the accessory or cable, not including any labor or other installation costs. As an alternate, we may elect to repair the cable or accessory at our factory with all shipping and other removal costs borne by the purchaser.
We further warrant that any services performed for the Buyer hereunder will be performed in a good and skillful manner, based on our understanding of pertinent technical data as of the date of performance of such services. The manufacturer's sole responsibility and liability in the event of any defect, error, omission, or failure in the services rendered hereunder shall be to provide corrected services of the type provided for herein, designed to correct such defect, error, omissions, or failure, and in no event shall the manufacturer's liability with respect to such warranty exceed the amount received by it from the Buyer on account of such services.
Our obligation to provide corrected services, new products, refund the purchase price, or perform the repair described above is conditioned upon (a) the installation of the accessory or cable conforming to the specifications set forth in our installation instructions and (b) the accessory or cable not having been damaged by mechanical or electrical activities unrelated to the operation of the accessory or cable. A refund of your purchase price, provision of replacement products, repair of the accessory or cable or provision of corrected services as described above, shall be your sole and exclusive remedy for a breach of this warranty.
This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence, unauthorized modification or alteration, use beyond rate capacity, or improper installation, maintenance or application. To the extent that you or your agents have supplied specifications, information, representation of operating conditions or other data to the manufacturer in the selection or design of the Goods and the preparation of the manufacturer’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by you, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.
If within thirty (30) days after your discovery of any warranty defects within the warranty period, you notify the manufacturer thereof in writing, they shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the Goods found by the manufacturer to be defective. Failure by you to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of your claim for such defects. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment of the repaired or replaced goods, whichever is longer.
This limited warranty does not cover any costs relating to the repair or replacement of any accessory or cable at the installation site. Our accessories and cables are not easily accessible. A failed accessory or cable usually cannot be easily repaired. Replacement of a failed accessory or cable will require that the materials under which it is installed be removed to permit replacement of the accessory or cable. We will not reimburse any costs relating to the repair or replacement of any accessory or cable at the installation site.
