Appendices
CM-2201/CM-2202
Appendix F - Warranty
Nelson
Heat
Trace
Products
LIMITED
WARRANTY
AND
LIABILITY
AppletonGrp LLC - d/b/a
Appleton
Group
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, for a
period of twelve (12) months
after the
date
of
performance, any
services performed
here
under
will
be
in
a good
and skillful manner, based on our understanding of pertinent technical
data as of the date of performance of such services. Appleton Group’s
sole
responsibility and liability
in
the
event
of
any
defect, error,
omission, or failure in the services rendered here
under 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
Appleton
Group’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 directions
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. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN
BY APPLETON
GROUP WITH RESPECT TO THE GOODS AND SERVICES AND
ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS
BEEN DISCLOSED TO NELSON IN SPECIFICATIONS, DRAWINGS OR
OTHERWISE, AND WHETHER OR NOT APPLETON
GROUP’S
PRODUCTS ARE
SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY NELSON FOR YOUR
USE OR PURPOSE.
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
rated
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 Appleton Group
in
the
selection or design of the Goods and the preparation of Appleton
Group’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
Appleton Group
thereof
in writing.
Appleton
Group
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 Appleton
Group
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.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF
ACTION
(WHETHER
BASED
IN
CONTRACT,
INFRINGEMENT,
NEGLIGENCE, STRICTLIABILITY, OTHER
OR
OTHERWISE), SHALL
APPLETON GROUP’S
LIABILITY TO YOU AND/OR YOUR CUSTOMERS
EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC GOODS PROVIDED
BY APPLETON GROUP GIVING RISE TO THE CLAIM OR CAUSE OF
ACTION. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR YOUR
CUSTOMERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR
PUNITIVE DAMAGES. No agent, employee or representative of ours has
authority to bind us to any
affirmation,
representation of warranty
concerning the goods sold
unless such
affirmation, representation or
warranty
is
specifically incorporated by written agreement.
To
obtain
new
products, arrange repair of existing product, or a
refund under this warranty, please contact Appleton Group
(800-621-1506) with a description of the defect and proof of purchase
at the address noted herein.
AppletonGrp LLC-d/b/aAppletonGroup
9377 W.Higgins Rd.
Rosemont, IL 60018
Appleton Grp LLC d/b/a Appleton Group. The Appleton, O-Z/Gedney, SolaHD, EasyHeat, Nelson and Emerson logos are registered in the U.S. Patent and Trademark
Office. EasyHeat, Inc. is a wholly owned subsidiary of Appleton Grp LLC. All other product or service names are the property of their registered owners.
© 201
7
, Appleton Grp LLC. All rights reserved.
48
