BOLTEK LIMITED WARRANTY
Limited Warranty
(a) Unless otherwise stated, and except as set forth herein, BOLTEK warrants the original purchaser that for a period of twelve months, the product shall be free of defects in materials and workmanship under normal use. The warranty period commences with the date of shipment from BOLTEK. During the warranty period, BOLTEK shall, at its option, repair or replace any defective product upon return of the product to it, at no charge for labour and materials, or refund the purchase price upon return of the product to BOLTEK, all at BOLTEK’s sole option. Any replacement and/or repaired parts are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer. The foregoing warranty shall apply only to the original purchaser, and shall not be extended to any subsequent owner of the product. The original purchaser must promptly notify BOLTEK in writing if there is a defect in material or workmanship, such written notice to be received in all events prior to expiration of the warranty period. There is absolutely no warranty granted herein on software and all software products are sold as a user license under the terms of the software license agreement included with the product. The Customer assumes all responsibility for the proper selection, installation, operation and maintenance of any products purchased from BOLTEK. Custom products are only warranted to the extent that they do not function upon delivery. In such cases, BOLTEK can replace or credit at its option.
(b) Conditions to Void Warranty
This warranty applies only to defects in parts and workmanship relating to normal use. It does not cover:
- damage incurred in shipping or handling;
- damage caused by disaster such as fire, flood, wind, earthquake or lightning;
- damage due to causes beyond the control of BOLTEK such as excessive voltage, mechanical shock or water damage;
- damage caused by unauthorized attachment, alterations, modifications or foreign objects being used with or in conjunction with the product;
- damage caused by peripherals (unless such peripherals were supplied by BOLTEK);
- defects caused by failure to provide a suitable installation environment for the products;
- defects caused by lighting strikes to lightning sensors or antennae;
- damage caused by use of the products for purposes other than those for which they were designed;
- damage from improper maintenance;
- damage arising out of any other abuse, mishandling or improper application of the products.
(c) Items Not Covered by Warranty
In addition to the items which void the Warranty, the following items shall not be covered by Warranty: (i) freight cost to the repair centre; (ii) customs fees, taxes, or VAT that may be due; (iii) products which are not identified with BOLTEK’s product label and serial number; (iv) products disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection or testing to verify any warranty claim.
(d) Limitation of Damages
BOLTEK’s liability for failure to repair the product under this warranty after a reasonable number of attempts will be limited to a replacement of the product, as the exclusive remedy for breach of warranty. Under no circumstances shall BOLTEK be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of marketing, loss of the Product or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, purchaser’s time, the claims of third parties, including customers, and injury to property, notwithstanding the fact that the BOLTEK may have been advised of the possibility of such damages. The laws of some jurisdictions limit or do not allow the disclaimer of consequential damages. If the laws of such a jurisdiction apply to any claim by or against BOLTEK, the limitations and disclaimers contained here shall be to the greatest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so that the above may not apply to Customer.
(e) DISCLAIMER OF WARRANTIES
EXCEPT AS SPECIFICALLY PROVIDED FOR ABOVE, THIS WARRANTY CONTAINS THE ENTIRE WARRANTY FOR BOLTEK PRODUCTS (SAVE AND EXCEPT ANY SOFTWARE WHICH MAY BE THE SUBJECT OF A SEPARATE SOFTWARE LICENSE AGREEMENT) AND SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF BOLTEK. BOLTEK NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THE PRODUCT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH THE CUSTOMER.
BOLTEK PRODUCTS ARE INTENDED FOR METEOROLOGICAL AND SCIENTIFIC APPLICATION. WHILE THEY CAN PROVIDE VALUABLE WEATHER DATA, BOLTEK PRODUCTS ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR RECOMMENDED FOR USE OR RESALE AS LIGHTNING SAFETY OR LIFE-SAFETY DEVICES OR AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN (BUT NOT LIMITED TO) THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THESE TECHNOLOGIES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. BOLTEK AND ITS SUPPLIERS FURTHER SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A SAFETY WARNING DEVICE OR OTHER HIGH RISK ACTIVITIES. CUSTOMER IS RESPONSIBLE FOR THE PLACEMENT OF THE PRODUCT ANTENNAE. THE PRODUCT SHOULD BE INSTALLED IN ACCORDANCE WITH INSTALLATION INSTRUCTIONS PROVIDED BY BOLTEK.
(f) Out of Warranty Products
Products not covered by this warranty, or otherwise out of warranty due to age, misuse, or damage shall be evaluated, and a repair estimate shall be provided in accordance with BOLTEK’s standard terms and conditions. No repair work will be performed until a valid purchase order is received from the Customer and a Return Merchandise Authorization number (RMA) is issued by BOLTEK’s Customer Service.
(g) Limitation Period re Warranty Claims
Any action or claim arising out of this Warranty must be brought by CUSTOMER within one year of the CUSTOMER becoming aware of the facts pertaining to a potential action or claim.
(i) Governing Law
This disclaimer of warranties and limited warranty are governed by the domestic laws of the Province of Ontario, Canada. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement does not apply and is strictly excluded.
Please read the BOLTEK WARRANTY and contact us if you need any help at fulfillment@weatherscientific.com