LIMITED WARRANTY AND LIABILITY
Roof Drain De-Icing Systems Inc. warrants only two components of product the first being the galvanized steel annular ring know as the FRAME and the extruded aluminum cable track know as the RAY. that if there are any defects in material or workmanship in either component during the first year after the date of purchase RDDS will provide new product to replace any defective items not to include any labor, shipping or other associated costs.
We further warrant that any services performed for the buyer hereunder will be performed in a good and skillful manner, based on our best understanding of pertinent technical data provided by buyer or assigns as of the date of performance of such services. RDDS’s sole responsibility and liability in the event of any defect, error, omission, or failure in the services rendered hereunder shall be to provide corrected services of the type provided herein, designed to correct such defect, error, omissions, or failure, and in no event shall the RDDS liability with respect to such warranty exceed the amount received by it from the buyer on account of such services.
Any and all refunds based upon production costs or replacement product shall be your sole and exclusive remedy for a breach of this warranty. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY RDDS, WITH RESPECT TO THE GOODS AND SERVICES AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO RDDS IN SPECIFICATIONS, DRAWINGS, OR OTHERWISE, AND WHETHER OR NOT RDDS PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY RDDS FOR YOUR USE OR PURPOSE.
This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence, unauthorized modification or alteration, use beyond rate capacity, or improper installation, maintenance or application. To the extent that you or your agents have supplies specifications, information, representation of operating conditions or other data to RDDS in the selection or design of the Goods and the Preparation of RDDS Quotation, and in the event that actual operating conditions or other conditions differ from those represented by you, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.
If within thirty (30) days after your discovery of any warranty defects within the warranty period, you notify RDDS thereof in writing; RDDS shall, at its option, repair, correct or replace FOB point of manufacture, or refund the purchase price for that portion of the Goods found by RDDS to be defective. Failure by you to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of your claim for such defects. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the original warranty period or ninety (90) days from the date of shipment of the repaired or replaced goods, whichever is longer.
This limited warranty does not cover any costs relating to the repair or replacement of any component at the installation site. Replacement of a failed component will require that the materials under which it is installed be removed to permit replacement of the component. We will not reimburse any costs relating to the repair or replacement of any accessory or component at the installation site.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL ROOF DRAIN DE-ICING SYSTEMS INC’S LIABILITY TO YOU AND/OR YOUR CUSTOMERS EXCEND THE PRICE PAID BY YOU FOR THE SPECIFIC GOODS PROVIDED BY RDDS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES.
No agent, employee or representative of Roof Drain De-Icing Systems Inc. has authority to bind us to any affirmation, representation or warranty concerning the goods sold unless such affirmation, representation or warranty is specifically incorporated by written agreement.
To obtain new products, arrange repair of existing product or a refund under this warranty, please contact RDDS with a description of the defect and proof of purchase at the address noted herein.
Roof Drain De-Icing Systems, Inc. 4880 Ironton St Ste-E Denver, Colorado 80239
Phone 303-549-4508 www.roofdrainde-icingsystems.com
No Dammed Ice