Limited Warranty
The liability of tekmar under this
warranty is limited. The Purchaser, by taking receipt
of any tekmar product (“Product”), acknowledges
the terms of the Limited Warranty in effect at the
time of such Product sale and acknowledges that it
has read and understands same.
The tekmar Limited Warranty to the Purchaser on
the Products sold hereunder is a manufacturer’s
pass-through warranty which the Purchaser is
authorized to pass through to its customers. Under
the Limited Warranty, each tekmar Product is war-
ranted against defects in workmanship and materi-
als if the Product is installed and used in compli-
ance with tekmar’s instructions, ordinary wear and
tear excepted. The pass-through warranty period is
for a period of twenty-four (24) months from the pro-
duction date if the Product is not installed during
that period, or twelve (12) months from the docu-
mented date of installation if installed within twen-
ty-four (24) months from the production date.
The liability of tekmar under the Limited Warranty
shall be limited to, at tekmar’s sole discretion: the
cost of parts and labor provided by tekmar to repair
defects in materials and / or workmanship of the
defective product; or to the exchange of the defec-
tive product for a warranty replacement product; or
to the granting of credit limited to the original cost of
the defective product, and such repair, exchange or
credit shall be the sole remedy available from tekmar,
and, without limiting the foregoing in any way, tekmar
is not responsible, in contract, tort or strict product
liability, for any other losses, costs, expenses, incon-
veniences, or damages, whether direct, indirect,
special, secondary, incidental or consequential,
arising from ownership or use of the product, or from
defects in workmanship or materials, including any
liability for fundamental breach of contract.
The pass-through Limited Warranty applies only to
those defective Products returned to tekmar during
the warranty period. This Limited Warranty does
not cover the cost of the parts or labor to remove or
transport the defective Product, or to reinstall the
repaired or replacement Product, all such costs and
expenses being subject to Purchaser’s agreement
and warranty with its customers.
Any representations or warranties about the Products
made by Purchaser to its customers which are differ-
ent from or in excess of the tekmar Limited Warranty
are the Purchaser’s sole responsibility and obligation.
Purchaser shall indemnify and hold tekmar harmless
from and against any and all claims, liabilities and
damages of any kind or nature which arise out of or
are related to any such representations or warranties
by Purchaser to its customers.
The pass-through Limited Warranty does not apply
if the returned Product has been damaged by negli-
gence by persons other than tekmar, accident, fire,
Act of God, abuse or misuse; or has been damaged by
modifications, alterations or attachments made sub-
sequent to purchase which have not been authorized
by tekmar; or if the Product was not installed in com-
pliance with tekmar’s instructions and / or the local
codes and ordinances; or if due to defective installa-
tion of the Product; or if the Product was not used in
compliance with tekmar’s instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER WAR-
RANTIES, EXPRESS OR IMPLIED, WHICH THE
GOVERNING LAW ALLOWS PARTIES TO CON-
TRACTUALLY EXCLUDE, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE, DURABILITY OR DESCRIPTION
OF THE PRODUCT, ITS NON-INFRINGEMENT OF
ANY RELEVANT PATENTS OR TRADEMARKS, AND
ITS COMPLIANCE WITH OR NON-VIOLATION OF
ANY APPLICABLE ENVIRONMENTAL, HEALTH OR
SAFETY LEGISLATION; THE TERM OF ANY OTHER
WARRANTY NOT HEREBY CONTRACTUALLY
EXCLUDED IS LIMITED SUCH THAT IT SHALL NOT
EXTEND BEYOND TWENTY-FOUR (24) MONTHS
FROM THE PRODUCTION DATE, TO THE EXTENT
THAT SUCH LIMITATION IS ALLOWED BY THE
GOVERNING LAW.
Product Warranty Return Procedure
All Products
that are believed to have defects in workmanship or
materials must be returned, together with a written
description of the defect, to the tekmar Representa-
tive assigned to the territory in which such Product is
located. If tekmar receives an inquiry from someone
other than a tekmar Representative, including an
inquiry from Purchaser (if not a tekmar Representa-
tive) or Purchaser’s customers, regarding a potential
warranty claim, tekmar’s sole obligation shall be to
provide the address and other contact information
regarding the appropriate Representative.
Warranty
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tekmarControls.com | [email protected] | 1-800-438-3903
564_Q - 10/19
© 2019 tekmar Control Systems Ltd.
Tel: 1-800-438-3903 • Fax: (250) 984-0815
tekmarControls.com
All specifications are subject to change without notice.
