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 warranted against defects in workmanship and
materials if the Product is installed and used in
compliance 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 production date if the Product
is not installed during that period, or twelve (12)
months from the documented date of installation
if installed within twenty-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 defective 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, inconveniences,
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 different 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 negligence by persons other than tekmar,
accident, fire, Act of God, abuse or misuse; or
has been damaged by modifications, alterations
or attachments made subsequent to purchase
which have not been authorized by tekmar; or if
the Product was not installed in compliance with
tekmar’s instructions and / or the local codes
and ordinances; or if due to defective installation
of the Product; or if the Product was not used in
compliance with tekmar’s instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, WHICH
THE GOVERNING LAW ALLOWS PARTIES TO
CONTRACTUALLY EXCLUDE, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR 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
Representative 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 Representative) 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.
All specifications are subject to change
without notice
Limited Warranty and Product Return Procedure
