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 twen-
ty-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 grant-
ing 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 trans-
port 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 different
from or in excess of the tekmar Limited Warranty are
the Purchaser’s sole responsibility and obligation. Pur-
chaser 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 negligence
by persons other than tekmar, accident, fire, Act of God,
abuse or misuse; or has been damaged by modifica-
tions, 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 ordi-
nances; or if due to defective installation of the Product;
or if the Product was not used in compliance with tek-
mar’s instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER WAR-
RANTIES, EXPRESS OR IMPLIED, WHICH THE GOV-
ERNING LAW ALLOWS PARTIES TO CONTRACTU-
ALLY EXCLUDE, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, DURA-
BILITY OR DESCRIPTION OF THE PRODUCT, ITS
NON-INFRINGEMENT OF ANY RELEVANT PATENTS
OR TRADEMARKS, AND ITS COMPLIANCE WITH OR
NON-VIOLATION OF ANY APPLICABLE ENVIRON-
MENTAL, HEALTH OR SAFETY LEGISLATION; THE
TERM OF ANY OTHER WARRANTY NOT HEREBY
CONTRACTUALLY EXCLUDED IS LIMITED SUCH
THAT IT SHALL NOT EXTEND BEYOND TWEN-
TY-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 Representa-
tive assigned to the territory in which such Product
is located. If tekmar receives an inquiry from some-
one other than a tekmar Representative, including an
inquiry from Purchaser (if not a tekmar Representa-
tive) 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.
Warranty
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