Warranty Terms
JMG Thermal, LLC (“JMG Thermal”) warrants only to the original purchaser (the “Customer”) for a period of one (1) year (the “Limited Warranty Period”) from the date JMG Thermal ships the product (the “Product”) that the Product will be free from defects in material and workmanship under normal use and service. This warranty is not transferable, applies only to a product installed within the United States of America, its territories or possessions and Canada and is in lieu of all other warranties expressed or implied.
It is agreed that in the event of breach of any of the express warranties described herein, the liability of JMG Thermal shall be limited to repairing or replacing the non-conforming goods, or, in JMG Thermal’s sole discretion, repayment to the Customer of the purchase price paid upon return to JMG Thermal of the non-conforming goods. JMG Thermal will repair or replace, free of cost to Purchaser-User, F.O.B. factory, any part or parts that in JMG Thermal’s judgment is defective. Upon authorization from JMG Thermal, the said part or parts should be returned to the factory, transportation prepaid by the Customer, for inspection and judgment. JMG Thermal assumes no responsibility for the expense of labor, materials, or incidental costs necessary to remove a defective part or install repaired or new parts.
DISCLAIMER OF IMPLIED &; OTHER WARRANTIES. THE PRECEDING EXPRESS LIMITED WARRANTIES ARE THE EXCLUSIVE WARRANTIES MADE BY JMG THERMAL AND JMG THERMAL MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. EXCLUSIVE REMEDIES. THE EXPRESS REMEDIES STATED ABOVE WILL BE THE EXCLUSIVE REMEDIES AVAILABLE TO THE CUSTOMER AGAINST JMG THERMAL FROM ANY DEFECTS IN ANY PRODUCT OR FOR DAMAGES RESULTING FORM ANY CAUSE WHAT-SOEVER, INCLUDING WITHOUT LIMITATION, JMG THERMAL’S NEGLIGENCE. The purpose of the express exclusive remedies is to provide the Customer with the replacement of, or to enable the Customer to return in exchange for cash consideration, a Product of JMG Thermal which is found to be defective under the preceding Limited Warranty. These exclusive remedies will not be deemed to have failed of their essential purpose as long as JMG Thermal is willing and able to replace such defective Product in the prescribed manner or willing to accept return of such defective
products in exchange for the stated cash consideration. JMG THERMAL WILL NOT IN ANY EVENT BE LIABLE TO THE CUSTOMER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, WHETHER FOR DEFECTIVE OR NONCONFORMING PRODUCTS, BREACH OR REPUDIATION OF ANY TERM OR CONDITION OF ANY DOCUMENT, NEGLIGENCE, OR ANY OTHER REASON.
LIMITATIONS APPLICABLE TO THE LIMITED WARRANTY. The Limited Warranty does not apply to alleged defects resulting from or related to: improper use or applications, misuse, improper handling or other abuse, failure to adhere to applicable instructions, tampering, neglect, alterations or repair by someone other than JMG Thermal, accident, corrosive atmospheres, improper installation, improper mounting, trapping, rapid cycling, water hammer, freezing, thermal expansion, or contraction stresses, vibration, mechanical shock, tensile or compressive forces, external coatings not approved by JMG Thermal, hydraulic or thermal shock, pulsation, inadequate or improper maintenance, erosion, inadequate design, poor air distribution, improperly specified design conditions, operating conditions beyond the limits of the design or any reason not related to defects in material or workmanship of the Product.
The Customer is solely responsible for determining whether a product purchase from JMG Thermal is suitable for the Customer’s needs or applications. Although JMG Thermal may be asked to provide opinions or other information about its product(s) in a proposed application or make opinions or other information available from time to time, JMG Thermal will not, by responding to request for or otherwise providing opinions or other information, assume any responsibility for the design or suitability of the Customer’s product(s) in the proposed application, the Customer’s methods, processes or products, to supplement any opinions or information provided or to make further information available. Notwithstanding the foregoing, if JMG Thermal acts, produces product(s) or provides opinions or other information based upon facts, circumstances or other information provided by Customer or on Customer’s behalf, and such facts, circumstances or other information was either inaccurate or incomplete or relevant actual facts, circumstances or other information relating to such action, product(s), opinion(s), or other information of JMG Thermal are different from that disclosed to JMG Thermal, then JMG Thermal will have no responsibility to the Customer under this Limited Warranty or otherwise. The Customer will at all times be responsible for determining the suitability of JMG Thermal’ opinions, other information, processes, services, and product(s) for use in the Customer’s own applications and for identifying and performing to the Customer’s satisfaction all quality control tests, analyses, forecasts, and other tests and examinations necessary to assure that the Customer’s products and services will be safe, acceptable and suitable for use under end-use conditions.
This document cannot be amended or modified as against JMG Thermal except by a writing signed by an authorized officer of JMG Thermal. No claim or right of JMG Thermal arising out of any breach of any of the Customer’s obligations to JMG Thermal may be discharged by any purported waiver or renunciation unless such waiver or renunciation is made expressly by JMG Thermal in writing and is supported by consideration.
