Formica Group Technical Guide
| 16
FTB-0918 | Rev 2 | 6/20
TECHINCAL GUIDE USE & CARE, WARRANTY, AND INSTALLATON GUIDE
INTENTEK
™
WIRELESS CHARGING SURFACE
the Intentek
™
Wireless Charging Surface, specified at
www.Formica.com when the Intentek
™
Wireless Charging
Surface were delivered by FORMICA to the Buyer, have
been fully adhered to;
4. upon delivery of the Intentek
™
Wireless Charging
Surface to the Buyer, the Buyer shall have promptly
inspected the Intentek
™
Wireless Charging Surface to
determine the presence of any patent defects (meaning
any defects that are apparent, or should have been
apparent, to the Buyer by a visual inspection), and the
Buyer shall have notified FORMICA of any such patent
defects in writing within thirty (30) days of the date of
delivery of the Intentek
™
Wireless Charging Surface to the
Buyer, or within ten (10) days of finished assembly
inspection with Test Receiver provided such inspection
occurs within a year and the Intentek
™
Wireless Charging
Surface has been stored according to the guidelines
specified at www.Formica.com;
5. the Intentek
™
Wireless Charging Surface shall not have
been modified or altered following delivery of the Intentek
™
Wireless Charging Surface to the Buyer except as
necessary for proper installation meeting all applicable
codes and standards;
6. for purposes of making a claim under this limited
warranty for anything other than a patent defect described
above, the Buyer shall have notified FORMICA in writing
of any alleged defect within thirty (30) days of the date
that the Buyer discovered or should have reasonably
discovered such defect, and submitted the claim to
FORMICA accompanied by this limited warranty, and
with evidence that the Intentek
™
Wireless Charging Surface
were purchased by the Buyer directly from FORMICA; and
7. upon receipt of a claim pursuant to this limited warranty,
FORMICA shall have been afforded reasonable opportunity
to inspect the allegedly defective Intentek
™
Wireless
Charging Surface and the Buyer shall have provided
FORMICA with any and all information and documentation
in the Buyer’s possession or control regarding the
Intentek
™
Wireless Charging Surface, including information
concerning installation and maintenance.
4. Limitations of Damages;
Exclusive Remedy.
REPAIR
OR REPLACEMENT OF DEFECTIVE INTENTEK
™
WIRELESS
CHARGING SURFACE SHALL BE THE SOLE AND EXCLUSIVE
REMEDY HEREUNDER. EXCEPT TO THE EXTENT PROHIBITED BY
APPLICABLE LAW, FORMICA SHALL NOT BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR BREACH
OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. FORMICA
is not liable for indirect losses, losses incurred by third parties, or
losses to the extent covered by any insurance taken out by the
Buyer. Removal and reinstallation of Intentek™ Wireless Charging
Surface repaired or replaced under this limited warranty shall be at
the Buyer’s sole cost and expense which shall include the following
costs: the cost of dismantling a supporting structure, the costs of
repairing a supporting structure, and other similar costs. Under no
circumstance shall FORMICA’S liability under this limited warranty
exceed: (1) the sum that is equal to the corresponding price of the
Intentek
™
Wireless Charging Surface in question (excluding sales tax),
noted on the purchase invoice and paid by the Buyer; or (2) the sum
of USD 10,000 dollars. All rights and claims that the Buyer has under
this limited warranty expire one (1) year from the date on which the
Intentek
™
Wireless Charging Surface is delivered to the Buyer.
5. Exclusions.
This limited warranty does not cover any defect in
any materials or components other than the Intentek™ Wireless
Charging Surface, or damages attributed to causes unrelated to
the Intentek
™
Wireless Charging Surface manufacturing process,
including but not limited to incorrect, faulty or improper handling and/
or installation, damages caused by or resulting from the combination
or assembly of any such other materials or components with the
Intentek
™
Wireless Charging Surface, outdoor use, exposure to
corrosive elements in the atmosphere, mildew, the use of harmful or
inappropriate cleaning compounds, water damage, foreign objects,
vandalism, malicious mischief, impact, unreasonable use, misuse,
physical abuse, accidental damage, act of war, terrorism, civil
disobedience or any “force majeure” whatsoever.
6. Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE
INTENTEK™ WIRELESS CHARGING SURFACE PROVIDED IS
SOLD “AS IS,” AND FORMICA EXPRESSLY DISCLAIMS ANY AND
ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR TRADE USAGE. THIS LIMITED
WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED
BY FORMICA, and supersedes all other warranties, including
any based upon oral or written representations. In no event shall
FORMICA be liable for any claims, costs or damages arising out of
or relating to Buyer’s lack of compliance with any applicable code(s)
or industry standard(s). All other claims made by the Buyer are
excluded. Any transfer or assignment of rights by the Buyer under
this limited warranty shall be void.
7. Legal Action.
Any legal action, suit or proceeding against
FORMICA arising out of or relating to this limited warranty shall be
governed by and be construed in accordance with the law and
exclusive jurisdiction of the courts of the State of Ohio, USA. Any
such action will be barred if not commenced within one (1) year of
the date the Buyer discovered or should have reasonably discovered
that an Intentek™ Wireless Charging Surface Intentek
™
Wireless
Charging Surface fails to conform to this limited warranty.