10. Conditions and Exclusions
THIS 3-YEAR WARRANTY IS FURTHER MADE SUBJECT TO THE FOLLOWING CONDITIONS
AND EXCLUSIONS, PLEASE READ THE FOLLOWING CAREFULLY:
1.
Required Installation
- To be covered by this 3-Year Warranty, the Product must be installed
outdoors following the Manufacturer’s recommended installation instructions.
2.
Limitation on Causes of Defects Covered Under Warranty
-This limited warranty covers only
defects in manufacturing materials or workmanship and does not cover defects, malfunctions or
failures resulting from any other cause including, without limitation: (i) improper or inadequate
installation; (ii) damage caused by cutting or puncturing or other post installation damage to the
heating elements; (iii) defects caused by fire, flood, tornado, hurricane, earthquake, acts of God,
insect infestation, extraordinary environmental conditions, riot or other civil insurrections, or acts
of war or conflict; (iii) defects caused by abusive conditions or accidents, such as but not limited to
cutting, severe impact or abnormal vibrations; (iv) installation or use of the Product in any manner
not recommended by the Manufacturer; and, (v) defects caused by improper or inadequate
maintenance, cleaning, including without limitation, the use of improper or unrecommended
cleaning solutions or cleaning practices.
3.
Controlling Document
- This warranty is the sole and exclusive description of warranties
applicable to the Product. Any written or oral representation, warranties or guarantees concerning
the Product which are inconsistent with or beyond the scope of the description contained herein
are superseded by this document and deemed inapplicable or void.
4.
Required Procedures to Submit a Warranty Claim
-In order to obtain performance of any
warranty obligation, the Owner must do the following:
Contact the Manufacturer at the number listed below or by mail at the address listed below,
and request a claim form. Complete and return the claim form along with the defective Product,
Product Label showing serial number, the original dated sales receipt to the Manufacturer by
certified mail return receipt requested within the Limited Warranty Period. The phone number
and address to contact the Manufacturer for these purposes is as follows:
Thermosoft International Corporation
Attention: NeverFreeze® Warranty Claim Department
701Corporate Woods Parkway
Vernon Hills, IL 60061
Phone: (847) 279-3800 Fax: (847) 279-8845
THIS LIMITED WARRANTY IS GIVEN IN LIEU OF IMPLIED WARRANTIES. IMPLIED WARRANTIES
OF MERCHANTABILILITY AND FITNESS FOR PARTICULAR PURPOSE ARE DISCLAIMED.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE. TO THE EXTENT ALLOWED BY APPLICABLE LAWS,
MANUFACTURER HEREBY DISCLAIMS ANY AND ALL SUCH RIGHTS.
UNDER NO CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE TO THE OWNER, OR ANY
OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, ECONOMIC, DIRECT, INDIRECT,
GENERAL, OR SPECIAL DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY, EXPRESS OR
IMPLIED, UNDER THIS CONTRACT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. THIS LIMITED WARRANTY HEREBY SUPERSEDES ALL PRE-EXISTING WARRANTIES,
EITHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT.
9
(847) 607-6286
www.ThermoSoft.com
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