11
Limited Warranty.
Therma-Stor, LLC (“Therma-Stor”) warrants
as follows: (i) the DEH 3000R (“Product”) will be free of material
defects in workmanship or materials for a period of three (1) year
(“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.
DEH 3000R Dehumidifier & Ventilation System Controller
Installation, Operation & Service Manual
Dehumidifier & Ventilation System Controller
DEH
3000R
DEH
3000R
