SaniDry XP limited Warranty
11
SaniDry XP Installer’s & Owner’s Manual
Limited Warranty.
Basement Systems, Inc. ("BSI") warrants as
follows: (i) the SaniDry XP dehumidifier (“Product”) will be free of
material defects in workmanship or materials for a period of thirty
months following the date of manufacture on the cabinet label.
Limitation of Remedies.
CUSTOMER’S SOLE AND EXCLUSIVE
REMEDY UNDER THE ABOVE LIMITED WARRANTY AND BSI’S
ENTIRE LIABILITY THEREUNDER, SHALL BE, AT THE SOLE OPTION
OF BSI, REPLACEMENT OR REPAIR OF SUCH PRODUCT OR ITS
COMPONENTS (“COMPONENTS”) BY BSI OR BSI’S AGENTS ONLY. IF
TRANSPORTATION IS REQUIRED TO BASEMENT SYSTEMS' SERVICE
CENTER, CUSTOMER MUST PAY FOR SUCH TRANSPORTATION, AND
BASEMENT SYSTEMS WILL PAY FOR RETURN TRANSPORTATION
BACK TO AUTHORIZED BSI DEALER OR HOMEOWNER ANYWHERE IN
CONTINENTAL US OR CANADA. 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 BSI OR
OF ITS AFFILIATES OR RESELLERS IS AUTHORIZED TO MAKE ANY
REPRESENTATION OR WARRANTY ON BEHALF OF BSI OR ANY OF ITS
AFFILIATES OR RESELLERS THAT IS NOT IN THIS AGREEMENT.
Disclaimer of Warranties.
EXCEPT FOR ABOVE LIMITED
WARRANTY, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY
PROVIDED WITH RESPECT TO THE PRODUCT AND ITS COMPONENTS,
BSI HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranty Limitations.
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 BSI’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 BSI such that BSI receives such claim prior to the
end of the applicable warranty period. BSI shall have no obligation
hereunder with respect to any claim received by BSI after the
expiration of the applicable warranty period. Warranty service must
be performed by BSI or a servicer authorized by BSI. In order to
obtain warranty service, the Customer should call BSI at 1-800-
640-1500 and ask for the BSI 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 BSI, 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 BSI, 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 NEW HAVEN COUNTY,
CONNECTICUT, 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 BSI to exercise any right or remedy will not
constitute a waiver of BSI to thereafter enforce such rights.
60 Silvermine Road
Seymour, Connecticut 06483
Web: www.BasementSystems.com
For product information go to: www.SaniDryDehumidifier.com
1-800-640-1500
Information in this document is subject to change without notice.
No part of this document may be reproduced or transmitted in any
form or by any means, electronic or mechanical, for any purpose,
without the express written permission of Basement Systems.
© 2009 Basement Systems, Inc. All rights reserved.
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