Catalog

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usa.siemens.com/hvac
4. Delivery; Title; Risk of Loss. Except as provided in this section, Product shall be delivered F.O.B. Siemens point of shipment with title
to the Product and risk of loss or damage for the Product passing to Buyer at that point. Buyer shall be responsible for all transportation,
insurance and related expenses including any associated taxes, duties or documentation. Siemens may make partial shipments. Shipping
dates are approximate only and Siemens shall not be liable for any loss or expense (consequential or otherwise) incurred by Buyer or
Buyer’s customers if Siemens fails to meet the specified deliver schedule. A 5% handling charge shall be added to the price for all Product
furnished from a local branch.
5. Deferment and Cancellation. Buyer shall have no deferment rights and Buyer shall be liable for cancellation charges, which shall include
without limitation a) payment of the full product price for any finished Product or works in progress; b) payment for raw materials ordered
pursuant to a firm purchase order; and c) such other direct costs incurred by Siemens as a result of such cancellation.
6. Force Majeure / Delays. If Siemens suffers delay in performance due to any cause beyond its reasonable control, including without
limitation acts of God, strikes, pandemic, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, failure
of normal sources of supply, or acts of government, the time performance shall be extended a period equal to the period of the delay
and its consequences. Siemens will give to Buyer notice within a reasonable time after Siemens becomes aware of any such delay.
7. Buyer’s Requirements. Timely performance by Siemens is contingent upon Buyer’s supplying to Siemens all required technical information
and data, including drawing approvals, and all required commercial documentation.
8. Limited Warranty.
8.1 The five-year Limited Warranty. Products manufactured by Siemens that carry a five-year warranty are valves, valve actuators, damper
actuators, sensors, thermostats and meters, except for the Series 2200/3200 sensor units with display and pneumatic thermostats
which carry a two-year warranty.
8.2 The three-year Limited Warranty. Products that are manufactured by Siemens that carry a three-year warranty are: Climatix RTU
Solution (hardware components only), Climatix Variable Frequency Drives, and BT300 standalone Variable Frequency Drives (the last
two Products families are denoted herein as “VFDs”). BT300 VFDs with bypass carry only an eighteen-month warranty.
8.3 The two-year Limited Warranty. Products manufactured by Siemens that carry a two-year warranty are: Fire Safety Systems, HVAC building
automation controllers, Room Pressurization and Fume Hood Controls Portfolio, Pneumatic Controls, and Gamma Lighting Controls.
8.4 The warranty periods for the Siemens manufactured BT300 VFD product family products are individuated by Product. This portfolio
consists of the following BT300 VFD product family products: (1) Drives only – three-year warranty, and (2) Drives with bypass (starts
with BTE, BTC, VBA) – 18 months warranty and Siemens accepts no returns for this Product.
8.4 Limitation on Warranty and Warranty Disclaimer. Siemens warrants hardware products free from defects in material and workmanship
under normal use for the period commencing on the date of purchase, subject to the caveats set forth in paragraph 1. The written
proof of purchase is required for such warranty period to apply. In the event a written proof of purchase cannot be supplied to Siemens,
the limited warranty period shall commence on the Product’s date of manufacture. The date of manufacture is determined from the
Product’s date code marking.
8.5 Other Products. Any hardware, equipment, software, firmware, or products not manufactured by Siemens or not bearing its nameplate
(“Other Products”) are provided on an “as is” basis. However, the Other Products may include warranties by other manufacturers,
suppliers, or publishers, which Siemens shall assign or pass through to the Customer, without recourse to Siemens, to the extent
allowable by the other manufacturers, suppliers, or publishers.
8.6 Warranty Remedy. During the warranty period, and at Siemens’ sole option, Siemens will repair, replace defective parts of the
Product, or issue a credit for the original purchase price of the Product. Repaired or replaced Product will be warranted hereunder for
the greater of the remaining portion of the original Product warranty period or six (6) months commencing on the date Siemens ships
the repaired or replaced Product. All returned Products replaced under the Limited Warranty will become the property of Siemens. Any
claim under the Limited Warranty must be made in writing to Siemens within thirty (30) days after discovery of the claimed defect,
unless discovered directly by Siemens. Any claim under this Limited Warranty must include a description of the problem encountered
and any pertinent information that will assist Siemens in the replication or resolution of the problem.
8.7 Miscellaneous. This Limited Warranty is transferable during its term to the initial end user of the Product. Any transfer shall not extend
or alter the terms of this Limited Warranty. This Limited Warranty extends only to Products purchased from Siemens or its authorized
reseller and does not extend to any Product that has been damaged or rendered defective as a result of (a) modification, repair,
alteration, improper installation, or handling by any person other than Siemens or its authorized representative; (b) unreasonable
or improper use or storage, use beyond rated conditions, operation other than per Siemens’ or the manufacturer’s instructions, or
being otherwise subjected to improper maintenance, negligence or accidents including acts of nature such as lightning (c) any use
of the Product after Customer has, or should have, knowledge of any defect in the Product. THE EXPRESS WARRANTIES PROVIDED
ABOVE ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIEMENS EXPRESSLY DISCLAIMS
ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE
LIMITED TO THE TERMS OF THIS LIMITED WARRANTY. Siemens’ warranty liability shall not exceed the original purchase price of
the defective Product. Siemens is not liable for any damages caused by the Product or Other Products or the failure of the Product or
Other Products to perform, including any lost profits, lost savings, incidental or consequential damages. Siemens is not responsible
for charges resulting from the removal and/or replacement of Product or Other Product. Siemens is not liable for any claims made by
third parties or by the Customer for a third party. This limitation applies whether damages are sought, or a claim is made, under this
Limited Warranty or as tort claim, product liability claim, contract claim, or any other claim. This limitation cannot be waived by any
person. This limitation of liability will be effective even if Siemens or its authorized representative has been advised by the Customer
of the possibility of such damages.