077_D 2051
© 2020 tekmar Control Systems Ltd.
Tel: 1-800-438-3903 • Fax: (250) 984-0815
tekmarControls.com
All specifications are subject to change without notice.
Limited Warranty and Product Return Procedure
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 mate-
rials 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 respon-
sible, in contract, tort or strict product liability, for any other losses, costs, expenses, inconveniences, or
damages, whether direct, indirect, special, secondary, incidental 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 replacement Product, all such costs and expenses
being subject to Purchaser’s agreement and warranty with its customers.
Any representations or warranties about the Products made by Purchaser to its customers which are differ-
ent 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 Product has been damaged by negli-
gence 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 compli-
ance 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-VIOLATION 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 information regarding the appropriate Representative.
