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Ultra-Aire SD12 Installer’s & Owner’s Manual
Limited Warranty
Limited Warranty.
Therma-Stor, LLC (“Therma-Stor”) warrants as
follows: (i) the Ultra-Aire SD12 dehumidifier (“Product”) will be free of
material defects in workmanship or materials for a period of one (1)
year (“One-Year Warranty”) following the date of initial purchase of
such Product by an original customer purchasing from Therma-Stor or
an authorized reseller (“Customer”); and (ii) the Product’s condenser,
evaporator, and compressor will be free of material defects in work-
manship or materials for a period of five (5) years following the date of
initial purchase of such Product by a Customer.
Limitation of Remedies.
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY
UNDER THE ABOVE LIMITED WARRANTY AND THERMA- STOR’S
ENTIRE LIABILITY THEREUNDER, SHALL BE, AT THE SOLE OPTION OF
THERMA-STOR, REPLACEMENT OR REPAIR OF SUCH PRODUCT OR
ITS COMPONENTS (“COMPONENTS”) BY THERMA-STOR OR THERMA-
STOR’S AGENTS ONLY. REFRIGERANT, PIPING, SUPPLIES, TRANSPOR-
TATION COSTS, LABOR COSTS INCURRED IN REPAIR OR REPLACEMENT
OF SUCH COMPONENTS ARE NOT INCLUDED. THIS DISCLAIMER
AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY
AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE
OF THERMA-STOR OR OF ITS AFFILIATES OR RESELLERS IS AUTHO-
RIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF
OF THERMA-STOR OR ANY OF ITS AFFILIATES OR RESELLERS THAT IS
NOT IN THIS AGREEMENT. Notwithstanding the above, during the term
of the One-Year Warranty only, Therma-Stor will provide, free of charge
to Customer, all Components and labor (except costs related to removal
and installation of Product) required to fulfill its obligations under such
One-Year Warranty.
Disclaimer of Warranties.
EXCEPT FOR ABOVE LIMITED WARRANTY,
WHICH IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED WITH
RESPECT TO THE PRODUCT AND ITS COMPONENTS, THERMA-STOR
HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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, im-
proper 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 Therma-Stor’s workmanship or material.
If a Product or Component is replaced while under warranty, the appli-
cable 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 war-
ranty coverage hereunder, the Customer must send a valid warranty
claim to Therma-Stor such that Therma-Stor receives such claim
prior to the end of the applicable warranty period. Therma-Stor shall
have no obligation hereunder with respect to any claim received by
Therma-Stor 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 Therma-
Stor or a servicer authorized by Therma-Stor. In order to obtain war-
ranty service, the Customer should call Therma-Stor at 1-800-533-
7533 and ask for the Therma-Stor Products Service Department,
which will then arrange for applicable warranty service. 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 THERMA-STOR, 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. NOT-
WITHSTANDING THE ABOVE LIMITATIONS AND WARRANTIES, THE
SOLE AND EXCLUSIVE LIABILITY OF THERMA-STOR, 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 DANE COUNTY, WISCONSIN, AND
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL
AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURIS-
DICTION 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 Therma-Stor to exercise any right or remedy
will not constitute a waiver of Therma-Stor to thereafter enforce
such rights.
Summary of Contents for SD12
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