WARRANTY
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8. WARRANTY
S O L A R H O T W A T E R
8.0. Warranty
HELIODYNE, shall provide a warranty for defects in compliance with
the purchased goods delivered after 3/1/2009 as follows: the HPAK
and HPAK Pro product (Products) to be free from defects in material
and workmanship, and malfunctions and failure to perform, under
normal use and service, for a period of three (3) years from date
of installation, provided that said products have been installed in
accordance with HELIODYNE’s Installation Instructions. This warranty
applies to the first retail buyer and to any subsequent owners.
In the event that evidence cannot be provided to indicate the date
of installation, then the period of time shall be thirty six (36) months
from the date of manufacture.
Objects are warranted at HELIODYNE’s discretion by repair of the
object of purchase or replacement of defective parts, exchange or
reduction of price. The right of the contractor to convert objects is
ceded by common consent. Replaced parts become the property of
HELIODYNE. Wages and costs spent on installation and disassembly
must be covered by the client. This provision similarly applies to all
warranty agreements. It is at HELIODYNE’s discretion to replace
defective goods with similar, faultless goods. In this case, any rights to
cancel the agreement cease. The client expressly waives the right for
it and its legal successors to assert claims for damages or loss of profit
(including without limitation special, indirect, loss of use, contingent,
or consequential damages) due to defects or nonconformity in the
purchased good. The warranty set forth above constitutes the sole
and exclusive remedy against HELIODYNE for the furnishing of any
nonconforming or defective goods. THE ABOVE WARRANTY IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS
TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR
PURPOSE.
If the Product contains a defect that cannot be repaired after a
reasonable number of attempts to do so, you, the buyer, may elect
either a refund of its purchase price, or a replacement without
charge. A replacement may consist of a new or factory rebuilt
product of at least the same quality. A new warranty shall apply to
any replacement.
Claims on warranty will only be admitted and considered if they are
announced in writing immediately after the defect was first noticed.
Oral communication or communication by telephone is not sufficient.
To obtain service on the Product, notify Heliodyne Customer Service
by email at
, by letter to
4910 Seaport Ave.,
Richmond, CA, 94804
. Provide proof of purchase and date.
Should service be requested and no defect found in the
Product, then a reasonable charge will be made for the service.
In no event shall HELIODYNE be liable for the following:
Conditions resulting from a defect in a component or part that
•
does not make up the HELIODYNE Product.
Conditions resulting from a significant departure from Heliodyne’s
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Installation Instructions.
Conditions resulting from any misuse, abuse, negligence, weather
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damage, accident or alteration.
Consequential damages such as: damage to your property, loss of
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time, inconvenience or loss of use of the Product or any incidental
expenses resulting from any breach of the express warranty.
Conditions that may occur in the normal operation of the Product
shall not be invoked by HELIODYNE to reduce or defeat the
coverage of this warranty.
HELIODYNE’s liability under this warranty shall be in lieu of all
warranties of fitness and in lieu of all warranties of merchantability.
Heliodyne shall not be liable for any incidental or consequential
damages covered by a defective product. The maximum liability
under this warranty shall not exceed the contract price of the Product.
Some states do not allow the exclusion or limitations of incidental or
consequential damages, and some states do not allow limitations on
implied warranties, such as that of fitness and of merchantability.
Therefore the above exclusions and limitations do not apply to you.
The warranty excludes damage caused by force majeure and
malfunction that are due to improper assembly, and/or product
installation. HELIODYNE is not liable for possible costs resulting from
defects. In order for HELIODYNE to accept liability:
Installation must have been carried out by a licensed specialized
•
company (heating contractor or plumber) following the version of
installation instructions in force;
HELIODYNE or its representative was given the opportunity to
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check complaints on site immediately after any defect occurred;
Confirmation exists that the system was commissioned properly
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and that the system was checked and maintenance was
performed annually by a specialized company licensed for this
purpose. The warranty agreed by HELIODYNE is only valid for
their clients.
This warranty gives you specific legal rights, and you may also have
other rights, which vary from state to state. Unless otherwise explicitly
agreed in writing, it is understood that these are the only written
warranties given by HELIODYNE, and HELIODYNE neither assumes
nor authorizes anyone to assume for it any other obligation or liability
in connection with the Product.
