Limited Warranty
Subject to the limitations contained below, and except as otherwise expressly provided
herein, Seller warrants to the Buyer that all tangible articles supplied by Seller or services
provided by Seller will be free of defects in materials or workmanship under normal use and
care until the expiration of the applicable warranty period. Goods are warranted for five (5)
years from the date of purchase. If Buyer discovers any defects and notifies Seller thereof in
writing during the applicable warranty period, Seller shall at its option promptly correct, repair,
or replace F.O.B. point of manufacture that portion of the good found by Seller to be defective,
or refund the purchase price of the defective portion of the goods/services. All replacements
or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable
power sources, unsuitable environmental conditions, accident, misuse, improper installation,
modification, repair, storage or handling, or any other cause not the fault of Seller are not
covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated
to pay any costs or charges incurred by Buyer except as may be agreed upon in writing in
advance by an authorized Seller representative. Goods repaired and parts replaced during
the warranty period shall be in warranty for the remainder of the original warranty period or
ninety (90) days, whichever is longer.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY
OTHER MATTER WITH RESPECT TO ANY GOODS OR SERVICES.
Limitation on Liability
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER
SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF
PURCHASE PRICE AS PROVIDED UNDER THE FOREGOING LIMITED WARRANTY.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION
(WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,
TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS
CUSTOMERS EXCEED THE PRICE TO THE BUYER OF THE SPECIFIC GOODS
SUPPLIED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION.
BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR
ITS CUSTOMERS INCLUDE “CONSEQUENTIAL DAMAGES”. FOR THIS PURPOSE,
“CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF
ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND LOSS OF CAPITAL.
Unauthorized Repair
In the event that the owner allows the Web Thermostat to be serviced or repaired by
unauthorized personnel, the coverage of the original warranty policy will be automatically
terminated.
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