Limited Warranty
18
Ultra-Aire 90H Installer’s & Owner’s Manual
Limited Warranty.
Therma-Stor, LLC (“Therma-Stor”) warrants as
follows: (i) the Ultra-Aire 90H dehumidifier (“Product”) will be free of
material defects in workmanship or materials for a period of one (1)
years (“One-Year Warranty”) following the date of initial purchase
of such Product by an original customer purchasing from Therma-
Stor or an authorized reseller (“Customer”); and (ii) the Product’s
condenser, evaporator, and compressor will be free of material
defects in workmanship or materials for a period of five (5) years
following the date of initial purchase of such Product by a Customer.
Limitation of Remedies.
CUSTOMER’S SOLE AND EXCLUSIVE
REMEDY UNDER THE ABOVE LIMITED WARRANTY AND THERMA-
STOR’S ENTIRE LIABILITY THEREUNDER, SHALL BE, AT THE SOLE
OPTION OF THERMA-STOR, REPLACEMENT OR REPAIR OF SUCH
PRODUCT OR ITS COMPONENTS (“COMPONENTS”) BY THERMA-
STOR OR THERMA-STOR’S AGENTS ONLY. REFRIGERANT, PIPING,
SUPPLIES, TRANSPORTATION COSTS, LABOR COSTS INCURRED
IN REPAIR OR REPLACEMENT OF SUCH COMPONENTS ARE NOT
INCLUDED. THIS DISCLAIMER AND EXCLUSION SHALL APPLY
EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER
ACKNOWLEDGES THAT NO REPRESENTATIVE OF THERMA-STOR OR
OF ITS AFFILIATES OR RESELLERS IS AUTHORIZED TO MAKE ANY
REPRESENTATION OR WARRANTY ON BEHALF OF THERMA-STOR
OR ANY OF ITS AFFILIATES OR RESELLERS THAT IS NOT IN THIS
AGREEMENT. Notwithstanding the above, during the term of the
One-Year Warranty only, Therma-Stor will provide, free of charge to
Customer, all Components and labor (except costs related to removal
and installation of Product) required to fulfill its obligations under such
One-Year Warranty.
Disclaimer of Warranties.
EXCEPT FOR ABOVE LIMITED
WARRANTY, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY
PROVIDED WITH RESPECT TO THE PRODUCT AND ITS COMPONENTS,
THERMA-STOR HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Warranty Limitations.
The foregoing limited warranty extends only
to a Customer and shall be null and void upon attempted assignment
or transfer. A “defect” under the terms of the limited warranty shall
not include problems resulting from Customer’s or Customer’s
employees’, agents’, invitees’ or a third party’s misuse, improper
installation, improper design of any system in which the Product
is included, abuse, lack of normal care, failure to follow written
instructions, tampering, improper repair, or freezing, corrosion, acts
of nature or other causes not arising out of defects in Therma-Stor’s
workmanship or material. If a Product or Component is replaced
while under warranty, the applicable limited warranty period shall
not be extended beyond the original warranty time period. The
limited warranty does not cover any costs related to changes to a
Product or Component that may be required by any codes, laws, or
regulations that may become effective after initial purchase of the
Product by Customer.
Customer Responsibilities.
As a further condition to obtaining
warranty coverage hereunder, the Customer must send a valid
warranty claim to Therma-Stor such that Therma-Stor receives
such claim prior to the end of the applicable warranty period.
Therma-Stor shall have no obligation hereunder with respect to
any claim received by Therma-Stor after the expiration of the
applicable warranty period. As a further condition to obtaining
warranty coverage hereunder, the Customer must present forms of
invoices evidencing proof of purchase of a Product. If such invoices
do not clearly indicate the date of initial purchase by a Customer,
the applicable Product’s date of manufacture will be used instead
of the date of initial purchase for the purpose of calculating the
commencement of the applicable warranty period. Warranty service
must be performed by Therma-Stor or a servicer authorized by
Therma-Stor. In order to obtain warranty service, the Customer
should call Therma-Stor at 1-800-533-7533 and ask for the
Therma-Stor Products Service Department, which will then arrange
for applicable warranty service. Warranty service will be performed
during customary, daytime working hours. If the Product must be
shipped for service, Customer shall be solely responsible for properly
packaging the Product, for all freight charges, and for all risk of loss
associated with shipment.
Limitation of Liability.
IN NO EVENT SHALL THERMA-STOR,
IN CONNECTION WITH THE DESIGN, SALE, INSTALLATION, USE,
REPAIR, REPLACEMENT OR PERFORMANCE OF ANY PRODUCT,
COMPONENT, PART THEREOF OR WRITTEN MATERIAL PROVIDED
THEREWITH, BE LIABLE, TO THE EXTENT ALLOWED UNDER
APPLICABLE LAW, UNDER ANY LEGAL THEORY FOR ANY SPECIAL,
DIRECT, INDIRECT, COLLATERAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND. NOTWITHSTANDING THE ABOVE LIMITATIONS AND
WARRANTIES, THE SOLE AND EXCLUSIVE LIABILITY OF THERMA-
STOR, REGARDLESS OF THE NATURE OR THEORY OF THE CLAIM,
SHALL UNDER NO CIRCUMSTANCES EXCEED THE PURCHASE PRICE
OF THE PRODUCT, COMPONENT OR PART UPON WHICH THE CLAIM
IS PREMISED.
Applicable Law and Venue.
ANY ARBITRATION, ENFORCEMENT
OF AN ARBITRATION OR LITIGATION RELATED TO THE PRODUCT
WILL BE BROUGHT EXCLUSIVELY IN DANE COUNTY, WISCONSIN,
AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO
THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE
VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF
PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO
ANY SUCH PROCEEDING.
Miscellaneous.
If any term or condition of this Limited Warranty
is found by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable, the same shall not affect the other terms
or conditions hereof or thereof or the whole of this Limited Warranty.
Any delay or failure by Therma-Stor to exercise any right or remedy
will not constitute a waiver of Therma-Stor to thereafter enforce
such rights.
