LIMITED WARRANTY AND LIMITATION OF LIABILITY - Effective October 1, 2016
This warranty applies to all products sold by HD Electric Company (the "Products"); provided, however, that the term Products does not include any third party products purchased through HD Electric Company, for which no warranties are made (the "Third Party Products"). Third Party Products may be subject to a separate manufacturer's warranty; [should you have any question regarding whether a separate warranty applies, please contact HD Electric Company].
NOTICE: READ THIS LIMITATION OF WARRANTY AND LIABILITY BEFORE BUYING OR USING THE PRODUCTS CONTAINED HEREIN.
It is impossible to eliminate all risks associated with the use of the Products. Risks of serious injury or death, including risks associated with electrocution, arcing and thermal burns, are inherent in work in and around energized electrical systems. Such risks arise from the wide variety of electrical systems and equipment to which Products may be applied, the manner of use or application, weather and environmental conditions or other unknown factors, all of which are beyond the control of HD Electric Company.
HD Electric Company does not agree to be an insurer of these risks, and shall have no liability for any claims arising from such risks.
WHEN YOU BUY OR USE THESE PRODUCTS, YOU AGREE TO ACCEPT THESE RISKS.
HD Electric Company warrants to the original purchaser that the Products (excluding any third party products purchased through HD Electric Company, for which no warranties are made) will be free from defects in material and workmanship, under normal use and regular service, and preventative maintenance for a period of one (1) year (ten (10) years for HDE Capacitor Controls) from the date of shipment (the “Warranty Period”). Should any failure to conform with this warranty be found during the Warranty Period, you must notify HD Electric Company of your claim within thirty (30) days of discovery, and within the Warranty Period. Your failure to give notice of claims of breach of warranty within the Warranty Period shall be deemed an absolute and unconditional waiver of claims for such defects. HD Electric Company will have no responsibility to honor claims received after the date the applicable Warranty Period expires.
Upon notice of your claim, HD Electric Company will provide a return authorization number, and further instructions on how to return the product for service. You must follow HD Electric Company’s instruction. You are responsible for all Product removal, handling, re-installation, and shipping (both to and from HD Electric Company). Products returned for repair, as well as repaired or replacement Products shall be sent postage / freight prepaid. After receipt of a product which HD Electric Company determines is defective, HD Electric will, at its option, either (1) repair (or authorize the repair of) the Product or (2) replace the Product, subject to the following: The Products are made using parts sourced from a variety of manufacturers. Due to the rapidly changing technology environment, parts may become obsolete / unavailable over time (end of life). In the event that a Product cannot be repaired or replaced due to unavailability of parts, HD Electric Company will use commercially reasonable efforts to obtain substitute parts or conduct work around design, but cannot guarantee its ability to do so.
Items not found defective will be returned at your expense, or failing receipt of instruction from you on return of such items within five (5) business days of our notice to you that the product is not defective, HD Electric may dispose of the product at its discretion and with no liability to you. HD Electric Company’s determination of defects is final. Products repaired or replaced during the Warranty Period shall be covered by the foregoing warranties for the remainder of the original Warranty Period or ninety (90) days from the date of delivery of the repaired or replaced Products, whichever is longer.
This warranty is void in the event of misuse, alteration, faulty installation, or misapplication of the product.
This warranty does not cover failure of product or components due to any ACT OF NATURE; lightning, floods, hurricanes, tornadoes or any other such catastrophic events.
HD Electric Company does not warrant any third party products or associated hardware or their performance or suitability for use and application. Such items are provided “as-is”.
All repairs must be authorized by HD Electric Company. Unauthorized repairs will not be reimbursed under any circumstances.
HD Electric Company is not required to make replacement or loaner equipment available while Products are being repaired or replaced, or to compensate you for any in/out labor charges or expenses associated with removal, handling or re-installation of the Products.
To the maximum extent permitted by law, this warranty and the remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied. HD ELECTRIC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
IN NO EVENT SHALL HD ELECTRIC COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE USE OR HANDLING OF THESE PRODUCTS. THIS SHALL INCLUDE BUT, NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCTS, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, OR DOWNTIME.
IN NO EVENT SHALL HD ELECTRIC COMPANY HAVE ANY LIABILITY FOR ANY THIRD PARTY PRODUCTS OR ASSOCIATED HARDWARE, OR CUSTOMER-OWNED SYSTEMS, EQUIPMENT OR SOFTWARE.
HD Electric Company must have prompt notice of any claim so that an immediate product inspection and investigation can be made. Buyer and all users shall promptly notify HD Electric Company of any claims, whether based on contract, negligence, strict liability, or other tort or otherwise be barred from any remedy.