Install Instructions
WARRANTIES AND REMEDIES. DiversiTech Corporation (“Seller”) warrants that, at the time of shipment, the Products
manufactured and sold by it hereunder will, for a period of twelve (12) months from date of shipment, be free from defects in
material and workmanship. Seller's obligations, and the purchaser and/or end user’s (collectively “Buyer”) remedies, under this
Warranty are limited to replacing and/or issuing an appropriate credit, at Seller's election, for any Products or parts thereof
which are demonstrated, to Seller's reasonable satisfaction, to have been defective at the time of shipment. Defective
conditions in the Products caused by Buyer, third parties, acts of God, abnormal use or stress of any other matters unrelated to
Seller and beyond its reasonable control are specically excluded from coverage under this Warranty.
Buyer agrees to notify Seller in writing within 30 days of the discovery of any defect which would give rise to a claim under the
Warranty. Failure to so notify Seller with respect to any claim shall result in the forfeiture by Buyer of coverage of that claim
under the Warranty.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE, REVENUE
OR PROFIT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
In the event that Buyer has a claim under this Warranty, Buyer will forward all relevant information (including a representative
sample) and request authorization from Seller's Sales Department to return the material. Seller will then determine whether
the Product should be inspected at Buyer's facility (in which case, Seller may supply its own inspector) or returned to Seller for
inspection. If items are authorized to be returned to Seller's facility, they shall be packed in original or equivalent packaging. All
Products and parts therefore, not found defective by Seller will be returned to Buyer, transportation charges collect. In no event
will Seller be liable for any packaging expenses, inspection costs or labor charges incurred by Buyer in connection with the
processing of claims under this Warranty or the return of defective Products.
LIMITATION OF LIABILITY: The liability of Seller to Buyer arising out of the manufacture, sale, delivery, resale, repair or use of
any of the Products, whether based on a theory of contract or tort, shall not, in any event, exceed the cost of correcting defects
or making replacements as required in the Warranty and such remedy shall be to the exclusion of any and all other remedies,
regardless of the legal theory under which liability is alleged. Seller’s warranty does not extend to any injury or damage which
results from or is in any way connected to the possession, sale, use, resale, transfer, misuse, misapplication or failure to inspect,
maintain or repair the Products. Seller shall not be responsible for any failure by Buyer to comply with any applicable federal,
state or industry law or safety requirement regarding the Product. Upon the expiration of the warranty period, all liability of
Seller to Buyer shall terminate, and no action arising out of the sale of the Products may be brought by the Buyer or user after
expiration of the warranty period, regardless of the legal theory under which the action is brought. IN NO EVENT SHALL
SELLER BE LIABLE FOR LOSS OF USE, LOST REVENUES, LOST PROFITS, COSTS OR EXPENSES, (INCLUDING LEGAL FEES)
OR FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
CS-3 13.003