23
WARRANTY ON EWPLUS 902/961/971/974 SERIES
Eighteen Months Limited Warranty
Invensys Controls
warrants to the original contractor installer, or to the original consumer user, that each new
Eliwell Control will be free from defects in materials and workmanship under normal use and service for a
period of eighteen (18) months from the date of manufacture (the “Warranty Period”). If any Product fails within
the applicable Warranty Period, Invensys Controls shall, at its option, repair or replace the Product or credit
the purchase price, provided the Product is returned to Invensys Controls’ facility or designated agent within
the Warranty Period, with transportation or postage charges prepaid and proof of the date of purchase, and
the Product, upon examination by Invensys Controls, is found not to conform to the Warranty. Cost of Product
removal, labor, or reinstallation of new Product are not covered under this Warranty and are not the responsibility
of Invensys Controls. Warranty on Products, parts and/or components sold, but not manufactured by Invensys
Controls, shall be expressly limited to the warranty terms of the manufacturer of such products, parts and/or
components.
The above warranty does not apply to: i) batteries; ii) defects or damage that result from use of the Products in
other than their normal and customary manner; iii) defects or damage that result from use of the Products in
any manner other than in accordance with Invensys Controls’ recommendations and instructions; iv) defects or
damage which occur from misuse, alteration, accident, water, fire or neglect; and/or v) defects due to abuse or
damage such as burned contacts, stripped threads, split castings, improper installation or missing parts.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL INVENSYS CONTROLS BE LIABLE TO CONSUMER,
CONTRACTOR OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES ARISING FROM OR RELATING TO USE OF THE PRODUCT INCLUDING, BUT NOT LIMITED
TO, LOSS OF GOODWILL, LOSS OF PROFIT OR REVENUE, AND PROPERTY DAMAGE, REGARDLESS WHETHER
SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY,
INDEMNITY, PRODUCT LIABILITY, OR OTHERWISE AND EVEN IF INVENSYS CONTROLS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
