Limited Warranty
The liability of tekmar under this warranty is
limited. The Purchaser, by taking receipt of any tekmar product
(“Product”), acknowledges the terms of the Limited Warranty in
effect at the time of such Product sale and acknowledges that it
has read and understands same.
The tekmar Limited Warranty to the Purchaser on the Products sold
hereunder is a manufacturer’s pass-through warranty which the
Purchaser is authorized to pass through to its customers. Under
the Limited Warranty, each tekmar Product is warranted against
defects in workmanship and materials if the Product is installed
and used in compliance with tekmar’s instructions, ordinary wear
and tear excepted. The pass-through warranty period is for a period
of twenty-four (24) months from the production date if the Product
is not installed during that period, or twelve (12) months from the
documented date of installation if installed within twenty-four (24)
months from the production date.
The liability of tekmar under the Limited Warranty shall be limited to, at
tekmar’s sole discretion: the cost of parts and labor provided by tekmar
to repair defects in materials and / or workmanship of the defective
product; or to the exchange of the defective product for a warranty
replacement product; or to the granting of credit limited to the original
cost of the defective product, and such repair, exchange or credit shall
be the sole remedy available from tekmar, and, without limiting the
foregoing in any way, tekmar is not responsible, in contract, tort or
strict product liability, for any other losses, costs, expenses, inconve-
niences, or damages, whether direct, indirect, special, secondary, inci-
dental or consequential, arising from ownership or use of the product,
or from defects in workmanship or materials, including any liability for
fundamental breach of contract.
The pass-through Limited Warranty applies only to those defective
Products returned to tekmar during the warranty period. This Limited
Warranty does not cover the cost of the parts or labor to remove or
transport the defective Product, or to reinstall the repaired or replace-
ment Product, all such costs and expenses being subject to Purchas-
er’s agreement and warranty with its customers.
Any representations or warranties about the Products made by Pur-
chaser to its customers which are different from or in excess of the
tekmar Limited Warranty are the Purchaser’s sole responsibility and
obligation. Purchaser shall indemnify and hold tekmar harmless from
and against any and all claims, liabilities and damages of any kind or
nature which arise out of or are related to any such representations or
warranties by Purchaser to its customers.
The pass-through Limited Warranty does not apply if the returned Prod-
uct has been damaged by negligence by persons other than tekmar,
accident, fire, Act of God, abuse or misuse; or has been damaged by
modifications, alterations or attachments made subsequent to purchase
which have not been authorized by tekmar; or if the Product was not
installed in compliance with tekmar’s instructions and / or the local
codes and ordinances; or if due to defective installation of the Product;
or if the Product was not used in compliance with tekmar’s instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, WHICH THE GOVERNING LAW ALLOWS PARTIES TO
CONTRACTUALLY EXCLUDE, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, DURABILITY OR DESCRIPTION OF THE
PRODUCT, ITS NON-INFRINGEMENT OF ANY RELEVANT PATENTS
OR TRADEMARKS, AND ITS COMPLIANCE WITH OR NON-VIOLA-
TION OF ANY APPLICABLE ENVIRONMENTAL, HEALTH OR SAFETY
LEGISLATION; THE TERM OF ANY OTHER WARRANTY NOT
HEREBY CONTRACTUALLY EXCLUDED IS LIMITED SUCH THAT IT
SHALL NOT EXTEND BEYOND TWENTY-FOUR (24) MONTHS FROM
THE PRODUCTION DATE, TO THE EXTENT THAT SUCH LIMITATION
IS ALLOWED BY THE GOVERNING LAW.
Product Warranty Return Procedure
All Products that are believed
to have defects in workmanship or materials must be returned, together
with a written description of the defect, to the tekmar Representative
assigned to the territory in which such Product is located. If tekmar
receives an inquiry from someone other than a tekmar Representative,
including an inquiry from Purchaser (if not a tekmar Representative) or
Purchaser’s customers, regarding a potential warranty claim, tekmar’s
sole obligation shall be to provide the address and other contact infor-
mation regarding the appropriate Representative.
Warranty
302P_D - 09/19
© 2019 tekmar
Tel: 1-800-438-3903 • Fax: (250) 984-0815
tekmarControls.com
All specifications are subject to change without notice
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tekmarControls.com | [email protected] | 1-800-438-3903
