ComfortDry CD55 & CD90
I n s t a l l a t i o n , O p e r a t i o n , & M a i n t e n a n c e M a n u a l
www.trioniaq.com
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Warranty Limitations:
The foregoing limited
warranty extends only to a Customer and shall be
null and void upon attempted assignment or transfer.
A “defect” under the terms of the limited warranty
shall not include problems resulting from Customer’s
or Customer’s employees’, agents’, invitees’, or a
third party’s misuse, improper installation, improper
design of any system in which the Product is
included, abuse, lack of normal care, failure to follow
written instructions, tampering, improper repair, or
freezing, corrosion, acts of nature, or other causes
not arising out of defects in TRION’s workmanship
or material. If a Product or Component is replaced
while under warranty, the applicable limited warranty
period shall not be extended beyond the original
warranty time period. The limited warranty does not
cover any costs related to changes to a Product or
Component that may be required by any codes,
laws, or regulations that may become effective after
initial purchase of the Product by Customer.
Customer Responsibilities:
As a further condition
to obtaining warranty coverage hereunder, the
Customer must send a valid warranty claim to
TRION such that TRION receives such claim prior
to the end of the applicable warranty period. TRION
shall have no obligation hereunder with respect to
any claim received by TRION after the expiration
of the applicable warranty period. As a further
condition to obtaining warranty coverage hereunder,
the Customer must present forms of invoices
evidencing proof of purchase of a Product. If such
invoices do not clearly indicate the date of initial
purchase by a Customer, the applicable Product’s
date of manufacture will be used instead of the date
of initial purchase for the purpose of calculating the
commencement of the applicable warranty period.
Warranty service must be performed by TRION or
a servicer authorized by TRION. In order to obtain
warranty service, the Customer should call TRION
at 1-800-884-0002 and ask for the TRION Product
Customer Service Department, which will then
provide shipping information and/or arrange for
applicable warranty services. Warranty service will
be performed during customary, daytime working
hours. If the Product must be shipped for service,
Customer shall be solely responsible for properly
packaging the Product, for all freight charges, and
for all risk of loss associated with shipment.
Limitation of Liability:
IN NO EVENT
SHALL TRION, IN CONNECTION WITH THE
DESIGN, SALE, INSTALLATION, USE, REPAIR,
REPLACEMENT, OR PERFORMANCE OF ANY
PRODUCT, COMPONENT, PART THEREOF, OR
WRITTEN MATERIAL PROVIDED THEREWITH,
BE LIABLE, TO THE EXTENT ALLOWED
UNDER APPLICABLE LAW, UNDER ANY LEGAL
THEORY FOR ANY SPECIAL, DIRECT, INDIRECT,
COLLATERAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND. NOTWITHSTANDING THE ABOVE
LIMITATIONS AND WARRANTIES, THE SOLE AND
EXCLUSIVE LIABILITY OF TRION, REGARDLESS
OF THE NATURE OR THEORY OF THE CLAIM,
SHALL UNDER NO CIRCUMSTANCES EXCEED
THE PURCHASE PRICE OF THE PRODUCT,
COMPONENT OR PART UPON WHICH THE
CLAIM IS PREMISED.
Applicable Law and Venue:
ANY ARBITRATION,
ENFORCEMENT OF AN ARBITRATION, OR
LITIGATION RELATED TO THE PRODUCT WILL
BE BROUGHT EXCLUSIVELY IN MILWAUKEE
COUNTY, WISCONSIN, AND CUSTOMER
CONSENTS TO THE JURISDICTION OF THE
FEDERAL AND STATE COURTS LOCATED
THEREIN, SUBMITS TO THE JURISDICTION
THEREOF AND WAIVES THE RIGHT TO CHANGE
VENUE. CUSTOMER FURTHER CONSENTS TO
THE EXERCISE OF PERSONAL JURISDICTION
BY ANY SUCH COURT WITH RESPECT TO ANY
SUCH PROCEEDING.
Miscellaneous:
If any term or condition of this
Limited Warranty is found by a court of competent
jurisdiction to be invalid, illegal, or otherwise
unenforceable, the same shall not affect the other
terms or conditions hereof or thereof or the whole of
this Limited Warranty. Any delay or failure by TRION
to exercise any right or remedy will not constitute a
waiver of TRION to thereafter enforce such rights.
