The following conditions validate this limited warranty.
- Buyer completes and mails this registration card to TEMP-AIR or register online at
www.gotopaz.com
- Buyer contacts the Seller at 1-800-836-7432 within 30 days of discovering the defect to authorize
return goods and the shipping address. Seller will direct Buyer to either return necessary parts, or the
product at Seller’s option.
- Product or parts, either shipped-freight prepaid, or delivered to TEMP-AIR, must be in its
original crate or in a carton offering similar protection.
- The Buyer must demonstrate that the product has not been altered, repaired, or serviced by anyone
other than an authorized service personnel using approved TEMP-AIR parts including filters.
- The Buyer shall demonstrate that the product’s serial number is intact.
- The Buyer must demonstrate that the product has not been misused, damaged, abused, or operated
contrary to the instructions contained within the Owner’s Manual.
Terms and Conditions
Acceptance: Buyer shall be deemed to have accepted all goods within 30 days following receipt unless it previously notifies Seller of damage or
shortages. Buyer agrees to submit all claims for damages directly to the carrier.
Exclusivity of Terms: As to the subject matter described herein, these terms and conditions are the entire agreement between TEMP-AIR
(Seller) and the buyer named on the Agreement to which these terms and conditions are attached (Buyer). These terms and conditions supersede
all previous communications between Buyer and Seller, written and oral, including any purchase order Buyer may have submitted. In addition,
these terms and conditions are intended to govern all sales of Seller’s TOPAZ® air conditioners, regardless of contrary or additional terms or conditions
in documents from or communications with Buyer, including without limitation Seller’s invoices. No other promise, agreement or statement
made by either party, or by anyone representing either party, shall be binding unless it is in writing and signed by Buyer and Seller.
Warranties: TEMP-AIR warrants to the Buyer that TOPAZ shall be free from material and workmanship defects under normal use and service
for 12 months from date of shipment. Seller further warrants that the compressors incorporated in such goods shall be free of defects in material
and workmanship, under normal use and service, for a period of 24 months following the expiration of the 12-month period described above.
THESE WARRANTIES AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS AND IMPLIED. THERE ARE NO OTHER WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. These warranties do not apply if the
goods are: 1. not installed according to federal, state, and local laws and regulations; 2. subjected to misuse, neglect, or improper maintenance; 3.
not operated within their published capacity and electrical supply; 4. connected to automatic controls that are not operative at all times, or 5.
allowed to exceed their proper temperature limits due to control malfunction or inadequate air circulation.
Remedies: Should any part of the goods subject to this agreement prove, within the 12-month period described above, to be defective in material
or workmanship, Seller shall, at its option, repair or replace such part, free of charge, both parts and labor to be at Seller’s expense. Should the
compressor incorporated within such goods prove, within the 24-month period described above, to be defective in material or workmanship,
Seller shall, at its option, repair or replace such compressor, free of charge, except that the Buyer shall pay all labor costs incurred in connection
with such repair or replacement. Buyer may not return any goods or part thereof without Seller’s prior authorization. Buyer shall ship returned
goods FOB Seller’s factory, freight prepaid. Any goods or part thereof so replaced shall become the property of Seller. BUYER’S EXCLUSIVE
REMEDY FOR ANY BREACH OF WARRANTY, ANY NEGLIGENCE OR ANY OTHER CAUSE IS AS SET FORTH ABOVE. SELLER
SHALL NOT BE LIABLE TO BUYER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FOR BREACH
OF ANYWARRANTY, BREACH OF ANY OTHER TERM OR CONDITION, REPUDIATION, ON THE BASIS OF STRICT LIABILITY, OR
FOR ANY OTHER REASON. The remedies in this agreement provide Buyer with free repair and replacement of defective parts in the manner
provided above. These exclusive remedies shall not be deemed to have failed of their essential purpose so long as Seller is willing and able to
repair or replace defective parts in the manner set forth above. No representative of Seller, nor any of its distributors or dealers, is authorized to
assume for Seller any other obligations or liability in connection with the goods, or to alter this agreement in any way.
Returned Goods: No goods may be returned by Buyer to Seller without prior authorization. Returned goods must have a Return Goods
Authorization number (RGA) for a credit to be issued.