Warranty

Effective: October 1, 2015 WRTY 154-0123 (Rev. L)
WHITE-RODGERS AFTERMARKET LIMITED WARRANTY
1. INFORMATION FOR CONSUMERS
While our warranty does not extend to you, your contractor or
dealer who purchased from a wholesaler (“Buyer”) is protected by
a 1 year limited product warranty from White-Rodgers a Business
Unit of Emerson Electric Co. (“Seller”), unless a longer warranty
period is documented on the product packaging or literature or
listed on the attached product list/table. Goods sold hereunder
(“Goods”) are subject to other terms and conditions by and
between any entity or person purchasing Goods from Seller.
2. THIS LIMITED WARRANTY STATEMENT APPLIES TO ALL
GOODS SOLD AFTER DECEMBER 1, 2013
Subject to the limitations of Section 3, Seller warrants that the
Goods manufactured by Seller and purchased for resale
hereunder will be free from defects in material and workmanship
under normal use and regular service and maintenance for a
period of 36 months from date of manufacture or 1 year from date
of installation, whichever comes first, unless a longer warranty
period is documented on the product packaging or literature or
listed on the attached product list/table. Goods repaired or
replaced during the warranty period shall be covered by the
foregoing warranty for the remainder of the original warranty
period or ninety (90) days from the date of shipment, whichever is
longer.
THE WARRANTIES SET FORTH IN THIS SECTION ARE THE
SOLE AND EXCLUSIVE WARRANTIES GIVEN BY THE
SELLER WITH RESPECT TO THE GOODS AND ARE IN LIEU
OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT
THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER
IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND
WHETHER OR NOT SELLER’S GOODS ARE SPECIFICALLY
DESIGNED AND/OR MANUFACTURED BY SELLER FOR
BUYER’S USE OR PURPOSE.
This limited warranty does not extend to any losses or
damages due to:
a. Misuse, accident, abuse, neglect, normal wear and tear,
negligence (other than Seller’s), unauthorized modification or
alteration, use beyond rated capacity, unsuitable power sources or
environmental conditions, improper installation, repair, handling,
maintenance or application or any other cause not the fault of
Seller.
b. Operation of electrical equipment at voltages other than the
range specified.
c. Goods installed and operated in a corrosive atmosphere
(chlorine, fluorine, salt, or other damaging chemicals) or being
submerged in water.
To the extent that the Buyer or its agents has supplied
specifications, information, representation of operating conditions
or other data to Seller in the selection or design of the Goods and
the preparation of Seller’s quotation, and in the event that actual
operating conditions or other conditions differ from those
represented by Buyer, any warranties or other provisions
contained herein which are affected by such conditions shall be
null and void.
If Buyer returns the defective Goods during the warranty period
and in accordance with the instructions contained herein,
transportation prepaid, Seller shall, at its option and as Buyer’s
exclusive remedy, repair, correct or replace the Goods at no
charge, issue a credit or refund the purchase price for that portion
of the Goods found by Seller to be defective. All returned Goods
are subject to inspection, and if examination at the factory does
not disclose any defect covered by this warranty, replacement of
such Goods or issuance of credit for same will not be approved.
Goods purchased by Seller from a third party for resale to Buyer
(“Resale Products”) shall carry only the warranty extended by the
original manufacturer.
This Section applies to any entity or person who may buy, acquire
or use the Goods, including any entity or person who obtains the
Goods from Buyer, and same shall be bound by the limitations
therein, including Section 3. Buyer agrees to provide such
subsequent transferee conspicuous, written notice of the
provisions of Sections 2 and 3.
3. LIMITATION OF REMEDY AND LIABILITY: THE SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY
HEREUNDER SHALL BE LIMITED, AT SELLERS OPTION, TO
REPAIR, CORRECTION, OR REPLACEMENT OF AND
ALLEGED NON-CONFORMING GOODS UNDER SECTION 2,
OR REFUND OF THE PURCHASE PRICE UNDER SECTION 2.
SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
DELAY IN PERFORMANCE AND THE REMEDIES OF BUYER
SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO
EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR
CAUSE OF ACTION (WHETHER BASED IN CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER
TORT OR OTHERWISE), SHALL SELLERS LIABILITY TO
BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID
BY BUYER FOR THE SPECIFIC GOODS 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 EXTEND TO
INCLUDE INCIDENTAL, SPECIAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH ARE
WAIVED BY BUYER AND AS TO WHICH BUYER SHALL
INDEMNIFY SELLER.
Some states do not allow the exclusion or limitation of incidental or
consequential damages so the above exclusion may not apply to
you. This warranty gives you specific legal rights, and you may
also have other rights, which vary from state to state. The term
consequential damages”shall include, but not be limited to, loss
of anticipated profits, business interruption, loss of use, revenue,
reputation and data, costs incurred, including without limitation, for
costs of capital, fuel, power, and loss or damage to property or
equipment or cost of repairing or replacing other property which
was damaged if this product does not work properly.
Buyer assume all other responsibility for any loss, damage, or
injury to persons or property arising out of, connected with, or
resulting from the use of Goods, either alone or in combination
with other products/components. Further, Buyer shall indemnify
and hold Seller harmless from any liability to Buyer, Buyer’s
employees, workers, contractors or any other person arising out of
Buyer’s, or any other persons’, use of the Goods. It is further
expected that all instruction and warnings supplied by Seller will
be passed on to those persons who use the Goods. Seller’s
Goods are to be used in their recommended applications and all
warning labels adhered to the Goods by Seller are to be left intact.

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