tekmar 483 tN4 Gateway - Manual (Page 20)

Product design, software and literature are Copyright © 2011 by:
tekmar Control Systems Ltd. and tekmar Control Systems, Inc.
20 of 20
All specifications are subject to change without notice.
Printed in Canada. D 483 - 12/11.
tekmar Control Systems Ltd., Canada, tekmar Control Systems, Inc., U.S.A. Head Offi ce: 5100 Silver Star Road,
Vernon, B.C. Canada V1B 3K4, 250-545-7749, Fax. 250-545-0650 Web Site: www.tekmarcontrols.com
Limited Warranty The liability of tekmar under this war-
ranty 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 Prod-
ucts sold hereunder is a manufacturer’s pass-through war-
ranty 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 lim-
ited to, at tekmar’s sole discretion: the cost of parts and labor
provided by tekmar to repair defects in materials and / or work-
manship 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 forego-
ing 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 mate-
rials, including any liability for fundamental breach of contract.
The pass-through Limited Warranty applies only to those defec-
tive 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 rein-
stall the repaired or replacement Product, all such costs and
expenses being subject to Purchaser’s agreement and war-
ranty 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 per-
sons 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 Prod-
uct; or if the Product was not used in compliance with tekmar’s
instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRAN-
TIES, EXPRESS OR IMPLIED, WHICH THE GOVERNING
LAW ALLOWS PARTIES TO CONTRACTUALLY EXCLUDE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY 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 ENVIRONMEN-
TAL, 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 PRO-
DUCTION 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 some-
one 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.
Limited Warranty and Product Return Procedure