Appendix F - Warranty
Nelson Heat Trace Products
LIMITED WARRANTY AND LIABILITY
AppletonGrp LLC - d/b/a Appleton Group warrants that if there are any
defects in material or workmanship in any heating cable or accessory
during the first year after the date of purchase, we will provide new
products to replace any defective items, or we will refund the
purchase
price paid for the accessory or cable, not including any labor or
other
installation costs. As an alternate, we may elect to repair the
cable or accessory at our factory with all shipping and other removal costs
borne
by the purchaser.
We further warrant that, for a period of twelve (12) months after the
date of performance, any services performed here under will be in a
good
and skillful manner, based on our understanding of pertinent technical
data as of the date of performance of such services. Appleton Group’s
sole responsibility and liability in the event of any defect, error,
omission, or failure in the services rendered here under shall be to
provide corrected services of the type provided for herein, designed to
correct such defect, error, omissions, or failure, and in no event shall
Appleton Group’s liability with respect to such warranty exceed the
amount received by it from the Buyer on account of such services.
Our obligation to provide corrected services, new products, refund the
purchase price, or perform the repair described above is conditioned
upon
(a) the installation of the accessory or cable conforming to the directions
set forth in our installation instructions and (b) the accessory or cable
not having been damaged by mechanical or electrical activities
unrelated to the operation of the accessory or cable.
A refund of your purchase price, provision of replacement products,
repair of the accessory or cable or provision of corrected services as
described above, shall be your sole and exclusive remedy for a breach of
this warranty. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN
BY APPLETON GROUP WITH RESPECT TO THE GOODS AND SERVICES 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 NELSON IN SPECIFICATIONS, DRAWINGS OR
OTHERWISE, AND WHETHER OR NOT APPLETON GROUP’S PRODUCTS ARE
SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY NELSON FOR YOUR
USE OR PURPOSE.
This warranty does not extend to any losses or damages due to
misuse, accident, abuse, neglect, normal wear and tear, negligence,
unauthorized modification or alteration, use beyond rated capacity,
or
improper installation, maintenance or application. To the extent that
you
or your agents have supplied specifications, information,
representation of operating conditions
or other data to Appleton Group
in the selection or
design of the Goods and the preparation of Appleton
Group’s quotation,
and in the event that actual operating conditions or
other conditions differ from those represented by you, any warranties
or other provisions contained herein which are affected by such
conditions
shall be null and void.
If within thirty (30) days after your discovery of any warranty defects
within the warranty period, you notify Appleton Group thereof in writing.
Appleton Group shall, at its option, repair, correct or replace F.O.B.
point
of manufacture, or refund the purchase price for, that portion of the
Goods found by Appleton Group to be defective. Failure by you to give
such written notice within the applicable time period shall be deemed an
absolute and unconditional waiver of your claim for such defects. 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 of the repaired or replaced
goods, whichever is longer.
This limited warranty does not cover any costs relating to the repair
or
replacement of any accessory or cable at the installation site. Our
accessories and cables are not easily accessible. A failed accessory
or cable usually cannot be easily repaired. Replacement of a failed
accessory or cable will require that the materials under which it is
installed be removed to permit replacement of the accessory or
cable.
We will not reimburse any costs relating to the repair or
replacement of any accessory or cable at the installation site.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF
ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT,
NEGLIGENCE,
STRICTLIABILITY, OTHER OR OTHERWISE), SHALL
APPLETON
GROUP’S LIABILITY TO YOU AND/OR YOUR CUSTOMERS
EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC GOODS PROVIDED
BY APPLETON GROUP GIVING RISE TO THE CLAIM OR CAUSE OF
ACTION. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR YOUR
CUSTOMERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR
PUNITIVE DAMAGES. No
agent, employee or representative of ours has
authority to bind us to
any affirmation, representation of warranty
concerning the goods sold
unless such affirmation, representation or
warranty is specifically
incorporated by written agreement.
To obtain new products, arrange repair of existing product, or a
refund under this warranty, please contact Appleton Group
(800-621-1506) with a description of the defect and proof of purchase
at the address
noted herein.
AppletonGrp LLC-d/b/aAppletonGroup
9377 W.Higgins Rd.
Rosemont, IL 60018
Appleton Grp LLC d/b/a Appleton Group. The Appleton, O-Z/Gedney, SolaHD, EasyHeat, Nelson and Emerson logos are registered in the U.S. Patent and Trademark
Office. EasyHeat, Inc. is a wholly owned subsidiary of Appleton Grp LLC. All other product or service names are the property of their registered owners.
© 2017, Appleton Grp LLC. All rights reserved.
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