Warranty Information
PREMIER FILTERS, INC.
LIMITED PRODUCT AND COMPONENT WARRANTY
Premier Filters, Inc. (“Company”), warrants that upon delivery of Company Product (“Product” means any EMI Power Line Filter manufactured by the Company) to the Customer (“Customer” means the purchaser of the Product), and continuing for a period of 60 months thereafter (the “Warranty Period”), the major components of that Product (the “Warranted Components”), shall be free from material defects in materials and workmanship and capable of performing to the Company’s written specifications (“Good Working Order”) (collectively the “Warranty”). Notwithstanding the foregoing, this Warranty is only applicable where Customer has properly installed, maintained, and operated the Product within the limits of rated and normal usage. The Customer is solely responsible for determining the suitability of the Product for the Customer’s intended use. The Company is not responsible for, and this Warranty is not applicable to, any Product or component failures resulting from operations outside of the Company’s published and/or stated ratings and specifications, or from any improper installation, misuse, abuse, unauthorized modification, alteration, or augmentation of any Product (including any Warranted Component) nor is Company responsible for any failure or damage to any product arising from adverse conditions, such as over-voltages, surges, overload from the Customer’s electrical system(s) or any utility company, or other events that may exist to degrade the Product or Warranted Components. Company disclaims all other warranties or terms, express or implied, including without limitation, implied conditions of satisfactory quality and fitness for a particular purpose, to the fullest extent permitted by law.
In the event that Customer claims that any Product or Warranted Component is not in Good Working Order, Customer will immediately notify the Company, in writing, of the problems experienced by Customer. If the need arises, Customer shall remove and return at its sole expense and risk of loss (unless otherwise directed by Company) the Product or any Warranted Component which is not in Good Working Order, to the Company. The Company shall inspect and conduct a root-cause analysis of the Product.
In the event that the Company determines that any Product or Warranted Component is not in Good Working Order due to a manufacturing defect, the Company in its sole discretion will (a) replace or refurbish the Product (or Warranted Component), within 60 days of the Company’s analysis, at no charge to Customer during the Warranty Period, if the failure was due to a breach of this Warranty; or (b) the Company will retain the returned Product or components and provide a credit, as solely determined by the Company, to the Customer. Company may, in its discretion, ship advance replacement components to the Customer prior to receipt of the damaged or allegedly defective Warranted Components. If Customer fails to return the Warranted Components in a timely manner, or if the failure was not due to a breach of this Warranty, the Customer shall be billed for the replacement equipment or components and shall pay such bill within thirty (30) days of delivery by Company.
The Warranty is provided for the benefit of the original Customer only, and is not transferable by Customer without the express, written consent, in advance, by Company. All other goods not included as Warranted Components are expressly excluded from the Warranty.
LIMITED WARRANTY. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY COMPANY IN CONNECTION WITH THE PRODUCT OR WARRANTED COMPONENTS AND OTHER ITEMS MENTIONED HEREIN. COMPANY DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED AND EXPRESSLY DISCLAIMS AND IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSED. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE TO REPAIR OR REPLACE THE NON-CONFORMING WARRANTED COMPONENTS AS PROVIDED ABOVE, OR AT ITS OPTION, REFUND THE PURCHASE PRICE OR ANY PART THEREOF FOR THE NON-CONFORMING PRODUCT OR WARRANTED COMPONENT.
LIMITATION OF LIABILITY. No claim by the Customer of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Product or Warranted Components which are claimed to be non-conforming. IN NO EVENT SHALL COMPANY BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY IN TORT, CONTRACT OR OTHERWISE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OF EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF , OR AS A RESULT OF THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCT (OR ANY COMPONENT) SOLD OR SUPPLIED BY THE COMPANY, OR FOR ANY LIABILITY OF CUSTOMER TO ANY THIRD PARTY WITH RESPECT THERETO.