Aftermarket Parts
Standard 1 Year Warranty.
10. (a) ICM represents and warrants that the Products delivered by ICM to Customer shall: (i) conform to agreed-upon specifications for the Product(s), to the extent any specifications were made part of an order; and (ii) be free from faulty workmanship and defective materials. The foregoing warranties shall be limited to a one (1) year period commencing on the date of shipment of the applicable Product(s) or following notice to the Customer that the Product(s) is/are ready for shipment (the “Warranty Period”) provided (i) the Products have been properly cared for and used in accordance with ICM’s instructions, if any, and (ii) Customer promptly notifies ICM in writing of any warranty claim during the Warranty Period. The warranties provided by ICM in this Section 10(a) are the only warranties provided by ICM with respect to the Product(s) sold hereunder, and may be modified or amended only by a written instrument signed by ICM. Customer’s remedies and ICM’s aggregate liability with respect to the warranties provided by ICM in this Section 10(a) are set forth in and limited by this Section 10 and Section 11 below.
(b) In the event any Product fails to meet the warranties in Section 10(a) above during the Warranty Period, ICM’s sole obligation, in ICM’s sole discretion, shall be to either repair or replace the non-conforming Product.
(c) ICM shall not be liable for any repairs or other claim if alterations have been made to the Products by the Customer or others without ICM’s prior written consent. Components and accessories furnished by third parties are warranted only to the extent of the original manufacturer’s warranty to ICM and then only to the extent that such original manufacturer’s warranty is assignable by ICM to Customer.
(d) Notwithstanding anything herein to the contrary, ICM‘s warranties hereunder shall be considered void and shall not cover damages/defects to Products caused by: (i) normal wear and tear; (ii) Customer‘s negligence, abuse, accident, improper storage, user maintenance of the Products; changes to the Products carried out by the Customer without ICM’s prior written approval; (iii) the use of inadequate or unauthorized accessories on the Products; (iv) the use of the Products for purposes other than their intended use; (v) electrostatic discharges, electrical surges, improper electrical connections; or (vi) repairs to, alteration of, or work done on the Products without ICM’s prior written authorization.
(e) Prior to return of any Product to ICM, or any part or component of such Product alleged to be defective, Customer shall first obtain a Repair Authorization Number from ICM staff who evaluated the problem. The Repair Authorization Number must be included on all shipping documents. Any Products, or parts or components of such Products, sent to ICM without an assigned Repair Authorization Number will be rejected.
(f) All transport charges to ship any Products to be repaired or replaced (including any applicable import duties claimed by governmental authorities as well as clearance fees) and the relevant return freights shall be the sole responsibility of the Customer.
(g) THE EXPRESS WARRANTIES OF ICM STATED IN SECTION 10(a) ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCTS. ICM’S WARRANTY OBLIGATIONS AND CUSTOMER’S REMEDIES ARE SOLELY AND EXCLUSIVELY AS STATED IN THIS SECTION 10.
Limited Lifetime Warranty. (ICM Surge Protective Devices)
PRODUCT, LIMITED LIFETIME
ICM CONTROLS, INC. (“ICM”) warrants to the purchaser that the ICM Surge Protective Device (the “Product”) will be free from failure due to defects in workmanship or materials under normal care and proper usage after professional installation, which fully complies with National, State and Local Code requirements for the life of the Product. In the event of such a failure, ICM will, at its option, either repair or replace the Product and any related electrical damages, without charge, pursuant to the Protection Policy set forth below. All surge protectors continually absorb electrical currents and therefore, do not have an indefinite life span. The Product is equipped with status LEDs and should be periodically monitored. The Product should be replaced if it does not pass its status-check procedure, as specified in the product installation guide.
3-YEAR EQUIPMENT PROTECTION POLICY
ICM will pay to repair or replace any electromechanical or motor-driven equipment if damaged by any surge while properly connected to the Product. This Protection Policy covers damage caused by surges (voltage impulses having a duration less than 0.5 cycles) and does not include damage caused by swells or over voltage conditions (duration exceeds 0.5 cycles) or damage caused by utility fault or faulty wiring or grounding practices, tampering or improper installation, improper storage, improper servicing, or neglect as determined by ICM at the time of return. ICM’s liability under this Protection Policy is limited to $1,000 per occurrence (up to $10,000 per purchaser) OR the deductible amount of the existing homeowner’s insurance policy, whichever is less, and to any claims made within three (3) years of installation of the Product. This Protection Policy is secondary to any applicable warranties, service contracts or insurance. This Protection Policy is not insurance and should not be considered as a substitute for a purchaser’s own insurance policy.
OEM Customer Products
All custom OEM parts are Non-Cancellable Nonrefundable.
