
Messana Radiant Cooling - 4105 Soquel Dr, Suite B - Soquel, CA 95073 - USA
November 2018
the terms of the Limited Warranty in effect at the time of such Product sale and acknowledges that it has read and understands the same.
The Limited Warranty to the Purchaser on the Products sold hereunder is a manufacturer’s pass-through warranty which the Purchaser is
authorized to pass through to its customers. Under the Limited Warranty, each Product is warranted against defects in workmanship and materials
if the Product is installed and used in compliance with Messana’s instructions, ordinary wear and tear is expected.
be the sole remedy available from Messana.
or use of the product, or from defects in workmanship or materials, including any liability for fundamental breach of contract.
The pass-through Limited Warranty applies only to those defective Products during the Warranty Period. This Limited Warranty does not cover
the cost of the parts or labor to remove or transport the defective Product, or to reinstall the repaired or replacement Product, all such costs and
expenses being subject to Purchaser’s agreement and warranty with its customers.
Any representations or warranties about the Products made by Purchaser to its customers which are different from or in excess of the Messana
Limited Warranty are the Purchaser’s sole responsibility and obligation. Purchaser shall indemnify and hold Messana harmless from and against
any and all claims, liabilities and damages of any kind or nature which arise out of or are related to any such representations or warranties by
Purchaser to its customers.
The pass-through Limited Warranty does not apply if the returned Product has been damaged by negligence by persons other than Messana,
accident, fire, Act of God, abuse or misuse; or has been damaged by modifications, alterations or attachments made subsequent to purchase
which have not been authorized by Messana; or if the Product was not installed in compliance with Messana’s instructions and/or the local codes
and ordinances; or if due to defective installation of the Product; or if the Product was not used in compliance with Messana’s instructions.
LIMITATION OF LIABILITY
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH THE GOVERNING LAW ALLOWS PARTIES TO
CONTRACTUALLYEXCLUDE,INCLUDING,WITHOUTLIMITATION, IMPLIED WARRANTIESOF MERCHANTABILITY AND FITNESSFOR APARTICULAR
PURPOSE, DURABILITY OR DESCRIPTION OF THE PRODUCT, ITS NON INFRINGEMENT OF ANY RELEVANT PATENTS OR TRADEMARKS, AND ITS
COMPLIANCE WITH OR NON VIOLATION OF ANY APPLICABLE ENVIRONMENTAL, HEALTH OR SAFETY LEGISLATION; THE TERM OF ANY OTHER
PRODUCTION DATE, TO THE EXTENT THAT SUCH LIMITATION IS ALLOWED BY THE GOVERNING LAW.
MESSANA EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR
BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY.
This warranty gives the Purchaser specific legal rights, and the Purchaser may also have other rights, which may vary, from state to state and by
province.
VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY
Products are warranted in conformance with applicable laws. If any part or term of this Limited Warranty is held to be illegal, unenforceable or
in conflict with applicable law by any court of competent jurisdiction, the validity of the remaining portions of the Limited Warranty shall not be
affected, and all rights and obligations shall be construed and enforced as if this Limited Warranty did not contain the particular part or term held
to be invalid. Some geographies, including certain US states, do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. This Limited Warranty gives the user specific legal rights. The user may also have other rights
which vary from state to state or country to country.
LIMITED WARRANTY FOR MESSANA CONTROLS