LIMITED WARRANTY POLICY-PARTS ONLY: Seller warrants that Articles sold hereunder to be free from defects in material and workmanship.
THESE EXPRESS WARRANTIES ARE THE SOLE WARRANTIES OF SELLER AND ANY OTHER WARRANTIES, EXPRESSED, IMPLIED IN LAW OR IMPLIED IN FACT ARE HEREBY SPECIFICALLY EXCLUDED. Seller’s sole obligation under its warranty shall be to repair or replace any article or part thereof, which is proved to be other than as warranted.
All warranties shall expire 18 months from date of shipment by Seller OR twelve (12) months from Date of Start Up on Start-Up Notification Form, whichever comes first unless otherwise specified in other written communications from Seller. Notice of claimed breach of warranty must be given within the applicable period. No allowances shall be made to Customer for any transportation, duties, brokerage fees, labor costs or parts adjustments or repairs, or any other work, unless said charges are authorized in writing, in advance, by Seller. WARRANTY REPLACEMENT DOES NOT INCLUDE SHIPPING AND/OR HANDLING.
SELLER SHALL IN NO EVENT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFIT. If any article is claimed to be defective in material or workmanship, Seller, upon notice promptly given will either examine the Articles at its site or issue shipping instructions for return to Seller. In no event shall Custom Controls be liable for light bulbs, fuses, damages and failures due to misuse, abuse, improper installation, or abnormal conditions of temperature, dust, corrosives or failures due to operation above rated capacities, fire, water, lightning or other acts of God. All repair parts are to be supplied by Custom Controls either directly or through its authorized suppliers.
WARRANTY WILL BE CONSIDERED NULL AND VOID: If upon examination, Custom Controls determines that: Panel-mounted components/lugs were damaged during the installation of field wiring, over-torqueing of lugs, or the use of “electric” screwdrivers; Damage was caused by improper line voltage; Damage to panel component(s) was the direct result of external field device failure (i.e. Motor failure, Float Switch, Thermal Switch, etc.); Repair work was performed by someone other than Custom Controls or its authorized agent; Customer fails to notify Custom Controls of a panel/component malfunction within twenty-four (24) hours of occurrence; There is evidence of manipulation (decreasing/increasing) of the MSP overload setting; and/or Damage to panel components was caused by the manipulation of the MSP overload setting; Customer fails to report MSP tripping from overload/short circuit; Panel components are not maintained according to manufacturer’s specification: (i.e. not changing filters on panel-mounted AC unit).
The warranties shall not apply to any materials or parts thereof, furnished by Customer, or acquired from others at Customer’s request and/or to Customer’s specifications or designs.
THE FOREGOING LIMITATIONS ON SELLER’S LIABILITY IN THE EVENT OF BREACH OF WARRANTY, SHALL ALSO BE THE ABSOLUTE LIMIT OF SELLER’S LIABILITY IN THE EVENT OF SELLER’S NEGLIGENCE IN MANUFACTURE, INSTALLATION, SERVICE, OR OTHERWISE, WITH REGARD TO THE ARTICLES COVERED HEREBY, AND UPON THE EXPIRATION OF THE STATED WARRANTY PERIOD, ALL SUCH LIABILITIES SHALL TERMINATE.