Limited Warranty
Subject to t e limitations contained below, and except as ot erwise expressly provided
erein, Seller warrants to t e Buyer t at all tangible articles supplied by Seller or services
provided by Seller will be free of defects in materials or workmans ip under normal use and
care until t e expiration of t e applicable warranty period. Goods are warranted for five (5)
years from t e date of purc ase. If Buyer discovers any defects and notifies Seller t ereof in
writing during t e applicable warranty period, Seller s all at its option promptly correct, repair,
or replace F.O.B. point of manufacture t at portion of t e good found by Seller to be defective,
or refund t e purc ase price of t e defective portion of t e goods/services. All replacements
or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable
power sources, unsuitable environmental conditions, accident, misuse, improper installation,
modification, repair, storage or andling, or any ot er cause not t e fault of Seller are not
covered by t is limited warranty, and s all be at Buyer’s expense. Seller s all not be obligated
to pay any costs or c arges incurred by Buyer except as may be agreed upon in writing in
advance by an aut orized Seller representative. Goods repaired and parts replaced during
t e warranty period s all be in warranty for t e remainder of t e original warranty period or
ninety (90) days, w ic ever is longer.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY
OTHER MATTER WITH RESPECT TO ANY GOODS OR SERVICES.
Limitation on Liability
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER
SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF
PURCHASE PRICE AS PROVIDED UNDER THE FOREGOING LIMITED WARRANTY.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION
(WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,
TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS
CUSTOMERS EXCEED THE PRICE TO THE BUYER OF THE SPECIFIC GOODS
SUPPLIED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION.
BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR
ITS CUSTOMERS INCLUDE “CONSEQUENTIAL DAMAGES”. FOR THIS PURPOSE,
“CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF
ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND LOSS OF CAPITAL.
Unauthorized Repair
In t e event t at t e owner allows t e Web T ermostat to be serviced or repaired by
unaut orized personnel, t e coverage of t e original warranty policy will be automatically
terminated.
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