Limited Warranty
Limited Warranty.
Therma-Stor, LLC (“Therma-Stor”) warrants
as follows: (i) the Santa Fe Classic dehumidifier (“Product”) will be
free of material defects in workmanship or materials for a period
of one (2) year (“Two-Year Warranty”) following the date of initial
purchase of such Product by an original customer purchasing
from Therma-Stor or an authorized reseller (“Customer”); and (ii)
the Product’s condenser, evaporator, and compressor will be free
of material defects in workmanship or materials for a period of
five (5) years following the date of initial purchase of such Product
by a Customer.
Limitation of Remedies.
CUSTOMER’S SOLE AND EXCLUSIVE
REMEDY UNDER THE ABOVE LIMITED WARRANTY AND THERMA-
STOR’S ENTIRE LIABILITY THEREUNDER, SHALL BE, AT THE SOLE
OPTION OF THERMA-STOR, REPLACEMENT OR REPAIR OF SUCH
PRODUCT OR ITS COMPONENTS (“COMPONENTS”) BY THERMA-
STOR OR THERMA-STOR’S AGENTS ONLY. REFRIGERANT, PIPING,
SUPPLIES, TRANSPORTATION COSTS, LABOR COSTS INCURRED
IN REPAIR OR REPLACEMENT OF SUCH COMPONENTS ARE NOT
INCLUDED. 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 THERMA-STOR
OR OF ITS AFFILIATES OR RESELLERS IS AUTHORIZED TO MAKE
ANY REPRESENTATION OR WARRANTY ON BEHALF OF THERMA-
STOR OR ANY OF ITS AFFILIATES OR RESELLERS THAT IS NOT IN
THIS AGREEMENT. Notwithstanding the above, during the term
of the Two-Year Warranty only, Therma-Stor will provide, free
of charge to Customer, all Components and labor (except costs
related to removal and installation of Product) required to fulfill its
obligations under such Two-Year Warranty.
Disclaimer of Warranties.
EXCEPT FOR ABOVE LIMITED
WARRANTY, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY
PROVIDED WITH RESPECT TO THE PRODUCT AND ITS
COMPONENTS, THERMA-STOR HEREBY DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Warranty Limitations.
The foregoing limited warranty extends
only to a Customer and shall be null and void upon attempted
assignment or transfer. 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 Therma-Stor’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 Therma-Stor such that Therma-Stor receives
such claim prior to the end of the applicable warranty period.
Therma-Stor shall have no obligation hereunder with respect to
any claim received by Therma-Stor after the expiration of the
applicable warranty period. As a further condition to obtaining
warranty coverage hereunder, the Customer must present forms
of invoices evidencing proof of purchase of a Product. If such
invoices do not clearly indicate the date of initial purchase by a
Customer, the applicable Product’s date of manufacture will be
used instead of the date of initial purchase for the purpose of
calculating the commencement of the applicable warranty period.
Warranty service must be performed by Therma-Stor or a servicer
authorized by Therma-Stor. In order to obtain warranty service,
the Customer should call Therma-Stor at 1-800-533-7533 and
ask for the Therma-Stor 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 THERMA-STOR,
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 THERMA-
STOR, 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 DANE COUNTY, WISCONSIN,
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 Therma-Stor to exercise any
right or remedy will not constitute a waiver of Therma-Stor to
thereafter enforce such rights.
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Santa Fe Classic Installer’s & Owner’s Manual
