
6
WARRANTY
Thermopatch Corporation, Syracuse, New York (“Seller”) warrants this product to be free from defects
in material and workmanship under normal use and service. Any part which proves to be defective in
material or workmanship within one year of the date of original purchase for use, will be repaired or
replaced, at Seller’s option, free of service or labor charges, with a new or functionally operative part.
Seller’s liability under the Warranty shall be limited to repairing or replacing at its own factory or
through an authorized service distributor or dealer, material which is determined by Seller to have
been defective in manufacture and upon which a claim has been made by the original purchaser or
user to Seller (or an authorized distributor or dealer) within the warranty period. Claims under this
Warranty will be honored only upon written approval by an authorized officer of Seller. Approved
return of parts or products will be on a prepaid transportation charges basis only. Claims under this
Warranty will be honored only upon Seller’s determination that the claim is covered by this Warranty,
and Seller shall incur no obligation under this Warranty prior to such determination. This Warranty
does not apply: (1) To any machinery or equipment which has been altered or repaired, except by
Seller or its authorized representatives, or (2) to any machinery or equipment which has been subject
to misuse, negligence, or accident, including, without limitation, use and operation of such machinery
or equipment while parts are loose, broken, out of order, or damaged by the elements. Parts replaced
under this Warranty are warranted only through the remainder of the original Warranty. Any and all
claims for warranty service must include such information as Seller designates, and shall include
specifically the serial number of each unit (if appropriate).
The foregoing shall constitute the sole and exclusive remedy of any using purchaser and the sole and
exclusive liability of Seller in connection with this product. THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS AND ALL OTHER OBLIGATIONS OR LIABILITIES OF SELLER,
INCLUDING ANY TORT LIABILITY, FOR NEGLIGENT DESIGN OR MANUFACTURE OF THIS PRODUCT, OR
OTHERWISE. It is expressly agreed that Buyer shall not be entitled to recover any incidental or
consequential damages, as those terms are defined in the Uniform Commercial Code, and that Buyer
shall have no right of rejection or of revocation of acceptance of any part or of revocation of
acceptance of any part or all of the goods covered hereby.