Products manufactured by Thermal Corporation, Inc. ("Thermal") are warranted to be free from defects in material and workmanship under normal use and maintenance for a period of three hundred sixty-five (365) days from the date of original shipment by Thermal. THIS WARRANTY IS VOID IF THE PRODUCT SERIAL IDENTIFICATION TAG IS REMOVED OR DEFACED TO A POINT WHERE THE UNIT CANNOT BE IDENTIFIED. Thermal warrants only that it will furnish replacement material, or at its option, repair any product of its manufacture that is proven to Thermal’s satisfaction to be defective in material or workmanship during this described warranty period. Thermal reserves the right in any case to fully satisfy its obligations and liability under this warranty by refunding the price paid for the defective good. To determine defects, Thermal may require material claimed defective to be returned to the Thermal factory that originally shipped with the product. A "Return/Credit Authorization Form" (RMA) must be obtained from Thermal Customer Service prior to the return of goods to origination point. If any defects are determined by Thermal to exist, freight charges relative to replacement material will be paid by Thermal. Products not manufactured by Thermal will be warranted by Thermal only to the extent that they are warranted to Thermal by their manufacturer/supplier. Electric motor warranties and claims are administered by the motor manufacturer only.
THERMAL SHALL HAVE NO RESPONSIBILITY FOR:
(i) the operation or performance of any products in any manner other than that which the product is usually tested and applied under industry standards; (ii) for any damage or repairs to a product necessitated by abuse, misapplication, unauthorized repairs, abrasion, erosion, corrosion, or the like due to abnormal temperatures, or the influence of foreign matter; (iii) for the design or operation of any system of which any product may be made a part, or for the suitability of any product for any particular application; (iv) damages or repairs as a result of improper servicing, unauthorized alteration, faulty installation, failure to perform routine maintenance or improper operation; (v) damage or repairs as a result of flood, wind, fire, lightning, earthquake, snow, ice or other events or conditions beyond the control of Thermal; or (vi) damages or repairs as a result of voltage conditions, blown fuses, open circuit breakers or the inadequacy or interruption of electrical service.
Thermal shall have no liability under this warranty until the products are paid for in full. No warranty is included against property damage, personal, or physical injury to any person or persons resulting from handling the product or as a result of improper installation. IN NO EVENT SHALL THERMAL BE LIABLE FOR (i) any cost or expense, including, without limitation, labor expenses, in connection with removal or replacement of alleged defective equipment or any part or portion thereof; (ii) special exemplary, incidental or consequential damages, lost profits or lost sales of any kind, including, without limitation, due to delays; or (iii) under any circumstances for any damage beyond the price of the goods sold.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, IN FACT OR IN LAW (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Purchaser’s acceptance of product shall confirm the purchaser’s review and agreement to be bound by this warranty solely. No other written or oral warranty of the product shall be enforceable by the purchaser. Correction of non-conformities, whether patent or latent, in the manner and within the period of time provided above, shall constitute fulfillment of all liabilities of Thermal whether based on contract, tort, strict liability or other legal theory with respect to Thermal products. Thermal neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the sale of its products. No guarantees, express or implied, other than herein stated or issued in writing by an authorized employee of Thermal shall for any purpose be binding upon Thermal. If any clause or provision of this warranty is illegal, invalid or unenforceable under present or future laws affected during the term of this warranty, then, in that event, the remainder of this warranty shall not be affected thereby.
WARRANTY PROCEDURES:
1. Contact the factory immediately at the first indication of a potential warranty claim. Many false warranty claims are due to misunderstandings and improper handling, installation and operation of equipment. These can often be quickly resolved by exchanging information with the factory.
2. Thermal’s liability is strictly limited as described by the Warranty above and procedures set forth hereafter shall not waive any rights or responsibilities under such Warranty.
3. Under certain circumstances, and at Thermal’s sole discretion, Thermal may agree to pay reasonable costs to remedy genuine defects which, in Thermal’s opinion are due solely to errors or negligence of Thermal. Under these circumstances, Thermal reserves the right to perform remedial work with its own forces or to authorize the sales representative, customer, or a third party to perform the work.
4. To apply for factory authorization for work by others, sales representative shall promptly provide written claim notification to Thermal. Such notification shall include:
a. A description of the defect, together with supporting data or photographs as necessary.
b. Nature of and schedule for proposed repairs.
c. Name of firm or individual proposed to perform the repairs.
d. Complete estimate of repair costs.
5. Thermal will promptly review and respond to the claim notification.
6. In the event that Thermal agrees to authorize repairs to be performed by others, Thermal will issue a written work order. Work shall not be performed without a written work order from Thermal.
7. Thermal will not accept liability, charges or back charges for any work whatsoever without proper written notification to Thermal and a written work order issued by Thermal authorizing the work.
THERMAL CORPORATION’s warranty is subject to change without notice.