Use and Care Manual

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Schluter
®
-DITRA-HEAT
Schluter
®
-DITRA-HEAT Thermostat 3-Year Limited Warranty
LIMITED WARRANTY COVERAGE: Subject to the conditions and limitations as stated in this Schluter
®
-DITRA-HEAT Thermostat 3-Year
Limited Warranty (the “Limited Warranty”), Schluter Systems warrants that its Touchscreen Programmable Thermostat (DH E RT 102/BW),
Programmable Thermostat (DH E RS D/BW), Non-Programmable Thermostat (DH E RT 103/BW), and Power Module (DH E RR 1/BW) (hereafter
collectively referred to as the “Products”) will be free from manufacturing defects and will perform as described in the applicable Schluter
®
-DITRA-
HEAT Thermostat User Guide and/or Quick Start Guide (collectively, the “Written Materials”
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) for a period of three (3) years from the date of
purchase when installed and used in accordance with the terms and conditions of the Written Materials and industry standard guidelines that are
not in conflict with the Written Materials in effect at the time of installation.
For the purposes of this Limited Warranty, “Owner” is defined as the original end user of the property in which the Products are installed.
This Limited Warranty is only applicable to installations in the United States of America and Canada. Schluter Systems is not responsible or liable
under any circumstances for determining the suitability of the Products for the Owner’s intended purpose. It is the responsibility of the Owner to
consult with an experienced and professional installer to ensure the suitability of the Products, subfloor/substrate and all building materials in the
installation and that the Written Materials are followed properly.
RESOLUTION: If the Products are installed and used in accordance with the terms and conditions as described hereinabove and such Products
are proven defective within the applicable warranty term, the Owner’s exclusive remedy and the sole obligation of Schluter Systems, at its election,
shall be to repair or replace the Products.
EXCLUSIONS FROM COVERAGE: This Limited Warranty excludes and in no event shall Schluter Systems have any liability for any indirect, special,
incidental, punitive, exemplary, or consequential damages, including lost profits, arising out of or otherwise connected to the failure of the Products,
regardless of any strict liability or active or passive negligence of Schluter Systems, and regardless of legal theory, whether in contract, tort, extra-
contractual or other. This Limited Warranty further excludes any loss or damage arising out of or otherwise connected to: acts of war, terrorism, fire,
explosion, natural disaster, acts of God, any failure to comply with the Written Materials, inadequate subfloor/substrate, improper preparation or other
failure of subfloor/substrate, faulty or negligent penetration of the Products or subfloor/substrate, intentional acts of destruction, structural failure,
misuse of or failure to maintain the Products, normal wear and tear, scratches, dents, corrosion or discoloration (whether caused by excessive heat,
chemical cleaning products, abrasive agents or otherwise), efflorescence and shading which are a natural occurrence with cementitious materials
and are not considered a defective condition for the purposes of this Limited Warranty, variations of texture, color or shade from those on product
samples, packaging materials or other marketing materials, or other causes unrelated to the Products (e.g. excess point loading, overvoltage). This
Limited Warranty excludes exterior applications, unless specifically approved in writing on a case by case basis by the Schluter Systems Technical
Services Director.
This Limited Warranty is conditioned and will be considered null and void and Schluter Systems will have the right to refuse any claims if: (a) the
Products have been improperly stored or installed, (b) any component comprising a Schluter
®
DITRA-HEAT System has been altered or otherwise
modified in any way, or (c) the Products are subject to abusive or abnormal use, lack of maintenance, or used in a manner other than that for which
the Products were designed or in any way contrary to the Written Materials
DISCLAIMER: There are no warranties beyond this expressed warranty as stated herein. To the extent permitted by law, all other warranties,
representations or conditions, expressed or implied, are hereby disclaimed and excluded, including but not limited to the implied warranties of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE (as limited to such purposes as described in the Written Materials) or arising
from a course of dealing, usage of trade or otherwise by law. ANY IMPLIED WARRANTIES ARISING BY OPERATION OF LAW ARE LIMITED IN
DURATION TO THE TERM OF THIS LIMITED WARRANTY. NO REPRESENTATION, PROMISE, AFFIRMATION OR STATEMENT BY ANY EMPLOYEE
OR AGENT OF SCHLUTER SYSTEMS WILL BE ENFORCEABLE AGAINST SCHLUTER SYSTEMS UNLESS IT IS SPECIFICALLY INCLUDED IN THIS
LIMITED WARRANTY OR AUTHORIZED IN WRITING BY THE SCHLUTER SYSTEMS TECHNICAL SERVICES DIRECTOR. This Limited Warranty
is given in lieu of any other warranty, whether expressed or implied. The remedies contained herein are the only remedies available for breach of
this Limited Warranty. Schluter Systems excludes and in no event shall have any liability for any indirect, special, incidental, punitive, exemplary, or
consequential damages, including lost profits, arising out of or otherwise connected to failure of a DITRA-HEAT System. This Limited Warranty extends
only to the Owner and is not transferable or assignable unless authorized by written agreement and signed by the Schluter Systems Technical Services
Director or otherwise prohibited by specific state or provincial law. This Limited Warranty gives you specific legal rights; some states and provinces do
not allow disclaimers or other restrictions of implied warranties; some of the above disclaimers may not apply to you. No changes or modifications
of any terms or conditions of this Limited Warranty are permitted unless duly authorized in writing by the Schluter Systems Technical
Services Director. This Limited Warranty shall supersede and replace any and all prior oral or written warranties, agreements, or other representations
made by or on behalf of Schluter Systems relative to the Products or the application of the Products and shall apply to any installation occurring
on or after January 1, 2018. For the most current information and materials regarding Schluter Systems warranties and programs, please visit
https://www.schluter.com/schluter-us/en_US/downloadfiles.
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If there are any conflicting terms between any Written Materials, the most recently updated document shall be deemed to control.