32
iThermostat
™
Installation Manual
TXU ENERGY AND ITS CONTRACTORS, AFFILIATES, ASSIGNS, DIRECTORS OR SHAREHOLDERS
SHALL NOT BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THIS TRANSACTION OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH
OR RELATING TO THE SALE OR USE OF ANY ITEMS OR SERVICES FURNISHED, WHETHER SUCH
CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY AND
REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY
PROVIDED HEREIN FAILS. IN NO EVENT SHALL OUR TOTAL LIABILITY UNDER THIS CONTRACT
EXCEED AN AMOUNT EQUAL TO THE TOTAL VALUE OF ITEMS HEREUNDER. SOME STATES DO
NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION MAY NOT APPLY TO YOU.
The Warranty Period begins on the date the Item is shipped and extends for 24 months for hardware. During the
Warranty Period, TXU Energy will repair or replace, at our option, any product returned to us by User (at User’s
expense), which fails to satisfy this Warranty, unless the failure was the result of shipping; improper installation,
maintenance or use; abnormal conditions of operation; attempted modification or repair by the User; water,
lightning, fire, or over-power damage; or an act of God.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. USER'S SOLE REMEDY FOR ANY BREACH OF WARRANTY IS THE REPAIR OR
REPLACEMENT, AT TXU ENERGY’S OPTION, OF THE FAILED ITEM. WE SPECIFICALLY DISCLAIM
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO USER.
