Standard Limited Warranty and Exclusions
TERADEK warrants to the original owner-user that this TERADEK product will be free from defects in material or workmanship. This warranty is limited to twelve (12) months from the original receipt or delivery date, whether or not actual use begins on that date.
Limitations and Exclusions
TERADEK’s obligations under this warranty and the sole remedy for its breach are limited to repair, of any part or parts of its products which prove to be defective; or, in its sole discretion, replacement of such products. All returns of defective parts or products must include the product model number and serial number, and must be made through an authorized Customer Service Center. Authorized returns must be shipped prepaid. The warranty provided herein does not cover charges for labor or other costs incurred in the troubleshooting, repair, removal, installation, service or handling of parts or complete products.
- All claims under the warranty provided herein must be made within thirty (30) days from the date of discovery of the defect. Failure to notify TERADEK of a warranted defect within thirty (30) days of its discovery voids TERADEK’s obligations hereunder.
- The warranty provided herein shall be void and of no effect in the event that (a) the product has been operated outside its intended application; (b) the product has been subjected to misuse, neglect, accident, improper or inadequate maintenance, corrosive environments, environments containing airborne contaminants (silicone, aluminum oxide, etc.), or excessive thermal shock; (c) unauthorized modifications are made to the product; (d) the product is not installed or operated in compliance with the manufacturer’s printed instructions; (e) the product is not installed and operated in compliance with applicable building, mechanical, plumbing and electrical codes; or (f) the serial number of the product has been altered, defaced or removed.
High Risk Activities.
- You acknowledge that the Product is not fault tolerant and is not designed, manufactured, or intended for use or resale as control equipment in hazardous or high risk environments and activities requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems) in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage. You agree not to use or allow the use of the Product or any portion thereof for, or in connection with, any such environment or activity.
- The warranty provided herein is for repair or replacement only. TERADEK shall not be liable for any loss, cost, damage, or expense of any kind arising out of a breach of the warranty or of the sale. Further, TERADEK shall not be liable for any incidental, consequential, exemplary, special, or punitive damages, nor for any loss of revenue, profit or use, arising out of a breach of this warranty or in connection with the sale, delivery, maintenance, use, operation or repair of any TERADEK product. In no event will TERADEK be liable for any amount greater than the purchase price of a defective product. The disclaimers of liability included in this Paragraph shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR TERADEK’S PRODUCTS, AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. TERADEK SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No person or entity is authorized to bind TERADEK’s to any other warranty, obligation or liability for any TERADEK product. Installation, operation or use of the TERADEK product for which this warranty is issued shall constitute acceptance of the terms hereof.
- THERE ARE NO WARRANTIES OF MERCHANTABILITY AND NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT.
- This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Repair Of Defective Products.
Warranty repair services shall be provided at any of TERADEKʼs authorised repair facilities. TERADEK shall within two weeks of receipt of returned products provide a report to the original owner/user (“USER”) detailing those products accepted under warranty and any that are not accepted under warranty due to physical damage or improper use. TERADEK will use its best efforts to repair defective products as quickly as possible with “turnaround time” (time for repair after receipt of units) to be six (6) weeks or less from receipt at the TERADEK facility. Shipment of the repaired or replaced warranted products to USERʼs location shall be at the expense of TERADEK. Shipment of the repaired or replaced non-warranted products to USERʼs location shall be at the expense of USER. For non-warranted repairs, TERADEK shall report to USER an estimated time to repair failed units, and shall not proceed with repairs until such time that USER has provided approval for said repairs. For problems due to incorrect use of the Product, or factors external to the Product, or repairs for unwarranted units, TERADEK shall repair at a separate cost borne be USER, at a billing rate of $150 per hour. TERADEK shall repair or exchange, and ship to USER, the returned Product within six (6) weeks of receipt of Product by TERADEK.