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PO. Box 726 n TULSA, OK 74101 n TEL 918-627-5530 n FAX 918-641-7336 n www.nelsonheaters.com
ÓCopyright 2008 GA-2318, R1
Sheet 15 of 15
May 2008
LIMITED WARRANTY AND LIABILITY
Nelson warrants that if there are any defects in material or workmanship in any heating cable or accessory during the first year (two
years on MI or self regulating heaters) after the date of its purchase, we will provide new products to replace any defective items, or
we will refund the purchase price paid for the accessory or cable, not including any labor or other installation costs. As an alternate,
we may elect to repair the cable or accessory at our factory with all shipping and other removal costs borne by the purchaser.
We further warrant that any services performed for the Buyer hereunder will be performed in a good and skillful manner, based on our
understanding of pertinent technical data as of the date of performance of such services. Nelson’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 for herein, designed to correct such defect, error, omissions, or failure, and in no event shall the Nelson’s liability with
respect to such warranty exceed the amount received by it from the Buyer on account of such services.
Our obligation to provide corrected services, new products, refund the purchase price, or perform the repair described above is
conditioned upon (a) the installation of the accessory or cable conforming to the specifications set forth in our installation instructions
and (b) the accessory or cable not having been damaged by mechanical or electrical activities unrelated to the operation of the
accessory or cable.
A refund of your purchase price, provision of replacement products the repair of the accessory or cable or provision of
corrected services as described above shall be your sole and exclusive remedy for a breach of this warranty. THESE ARE
THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY NELSON WITH RESPECT TO THE GOODS AND SERVICES AND ARE
IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS 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 NELSON IN SPECIFICATIONS, DRAWINGS OR
OTHERWISE, AND WHETHER OR NOT NELSON'S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED
BY NELSON 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
(other than Nelson's), unauthorized modification or alteration, use beyond rate capacity, or improper installation, maintenance or
application. To the extent that you or your agents has supplied specifications, information, representation of operating conditions or
other data to Nelson in the selection or design of the Goods and the preparation of Nelson’s 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 Nelson thereof in writing,
Nelson shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the
Goods found by Nelson 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,
whichever is longer.
This limited warranty does not cover any costs relating to the repair or replacement of any accessory or cable at the
installation site. Our accessories and cables are not easily accessible. A failed accessory or cable usually cannot be easily
repaired. Replacement of a failed accessory or cable will require that the materials under which it is installed be removed to permit
replacement of the accessory or cable. We will not reimburse any costs relating to the repair or replacement of any accessory
or cable 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 NELSON’S LIABILITY TO YOU
AND/OR YOUR CUSTOMERS EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC GOODS PROVIDED BY NELSON
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 ours 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 Nelson with a description
of the defect and proof of purchase at the addresses noted herein.