Appendices
CM-2201/CM-2202
Appendix H
Warranty
Nelson Heat Trace Products LIMITEDWARRANTYANDLIABILITY
Appleton Grp LLC - d/b/a Appleton Group warrants that if there are any defects in material or workmanship in any heating cable or accessory during the first
year after the date of purchase, we will provide new products or replace any defective items, or we will refund the purchase price paid for the accessory
or cable, not including any labor or other installation costs. As an alternate, we may elect to repair the cable or accessory at our factory with all
shipping and other removal costs borne by the purchaser.
We further warrant that, for a period of twelve (12) months after the date of performance, any services performed here under will be in a good and
skillful manner, based on our understanding of pertinent technical data as of the date of performance of such services. Appleton Group’s sole
responsibility and liability in the event of any defect, error, omission, or failure in the services rendered hereunder shall be to provide corrected
services of the type provided for herein, designed to correct such defect, error, omissions, or failure, and in no event shall Appleton Group’s liability
with respect to such warranty exceed the amount received by it from the Buyer on account of such services.
Our obligation to provide corrected services, new products, refund the purchase price, or perform the repair described above is conditioned upon
(a) the installation of the accessory or cable conforming to the directions set forth in our installation instructions and (b) the accessory or cable not having
been damaged by mechanical or electrical activities unrelated to the operation of the accessory or cable.
A refund of your purchase price, provision of replacement products, repair of the accessory or cable or provision of corrected services as described
above, shall be your sole and exclusive remedy for a breach of this warranty. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY
APPLETON GROUP WITH RESPECT TO THE GOODS AND SERVICES AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING
BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT
THE PURPOSE OR USE HAS BEEN DISCLOSED TO NELSON IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT
APPLETONGROUP’S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY NELSON FOR YOUR USE OR PURPOSE.
This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence, unauthorized
modification or alteration, use beyond rated capacity, or Improper installation, maintenance or application. To the extent that you or your agents
have supplied specifications, information, representation of operating conditions or other data to Appleton Group in the selection or design of the
Goods and the preparation of Appleton Group’s quotation, and in the event that actual operating conditions or other conditions differ from those
represented by you, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.
If within thirty (30) days after your discovery of any warranty defects within the warranty period, you notify Appleton Group thereof in writing. Appleton
Group shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the Goods
found by Appleton Group to be defective. Failure by you to give such written notice within the applicable time period shall be deemed an absolute
and unconditional waiver of your claim for such defects. Goods repaired or replaced during the warranty period shall be covered
by
the foregoing warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment of the repaired or replaced
goods, whichever is longer.
This limited warranty does not cover any costs relating to the repair or replacement of any accessory or cable at the installation site. Our accessories
and cables are not easily accessible. A failed accessory or cable usually cannot be easily repaired. Replacement of a failed accessory or cable will
require that the materials under which it is installed be removed to permit replacement of the accessory or cable. We will not reimburse any
costs relating to the repair or replacement of any accessory or cable at the installation site.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE,
STRICTLIABILITY, OTHER OR OTHERWISE), SHALLAPPLETON GROUP’S LIABILITY TO YOU AND/OR YOUR CUSTOMERS EXCEED THE PRICE PAID BY YOU FOR
THE SPECIFIC GOODS PROVIDED BY APPLETON GROUP GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. YOU AGREE THAT WE SHALL NOT BE LIABLE TO
YOU OR YOUR CUSTOMERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES.
No agent, employee or representative of ours has authority to bind us to any affirmation, representation of warranty concerning the goods sold unless
such affirmation, representation or warranty is specifically incorporated by written agreement.
To obtain new products, arrange repair of existing product, or a refund under this warranty, please contact Appleton Group (800-621-1506) with a
description of the defect and proof of purchase at the address noted herein.
Appleton Grp LLC-d/b/a Appleton Group 9377 W. Higgins Rd.
Rosemont, IL 60018
Appleton Grp LLC d/b/a Appleton Group. The Appleton, O-Z/Gedney, SolaHD, EasyHeat, Nelson and Emerson logos are registered in the U.S. Patent and Trademark
Office. EasyHeat, Inc. is a wholly owned subsidiary of Appleton Grp LLC. All other product or service names are the property of their registered owners.
© 2018, Appleton Grp LLC. All rights reserved.
