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VTS AMERICA INC. LIMITED WARRANTY
VTS America Inc. (“VTS America”) provides the following limited warranty
with respect to unit heaters and air curtains manufactured by VTS America
(“Products”) that are purchased by buyers and installed in the United
States of America and Canada under normal use and maintenance.
VTS America warrants to buyers of its Products that VTS America’s Products
will be free from defects in material and workmanship under normal use and
maintenance for a period of 2 years from the date of sale (the “Limited
Warranty Period”), provided the Products have been installed and used in
accordance with VTS America’s guidelines and instructions manuals. Minor
defects will not give rise to a limited warranty claim. A “minor defect” is
a defect upon which the value or the functionality of the Product is only
insignificantly reduced, as determined by VTS America. VTS reserves the
right to make repairs to the product. If VTS determines we cannot repair
the unit then a new air curtain or unit heater will be provided without
charge, provided the defective part is returned to VTS America during the
Limited Warranty Period within thirty (30) days after the date of the
failure of the part. The limited warranty on any unit replaced under
warranty expires at the end of the end of the original Limited Warranty
Period. This limited warranty DOES NOT INCLUDE labor or other costs
incurred for identifying, repairing, removing, installing, shipping,
servicing or handling of either repaired or defective parts. To make a
warranty claim a warranty claim form must be filled out and approved by VTS
America. Please refer to the shipping and returns policy. A purchase order
will be sent to VTS America for the warranted air curtain and or unit
heater. Once VTS America receives the air curtain and or unit heater VTS
will evaluate the cause of the failure; if it’s been determined of
manufacture defect the buyer will not be invoiced.
VTS AMERICA WILL NOT BE RESPONSIBLE FOR:
1. Normal maintenance.
2. Damage or repairs required as a consequence of faulty installation or
application by others.
3. Failure to start due to voltage conditions, blown fuses, open circuit
breakers, or other damages due to the inadequacy or interruption of
4. Mold, fungus or bacteria damage.
5. Damage or repairs required as consequence of any misapplication, abuse,
improper installation, improper servicing, unauthorized alteration, or
6. Parts not supplied or designated by VTS America, regardless of the cause
of the failures of such part.
7. Damage as a result of any fire, flood, wind, accident, lightning,
accidents, corrosive atmosphere, acts of God or any other reason beyond the
sole control of VTS America.
8. Products on which payment to VTS America is or has been in default.
9. Products installed outside United States of America and Canada.
BUYER’S EXCLUSIVE REMEDY
The buyer’s acceptance of the Products shall confirm the buyer’s review and
acceptance of the Products and shall confirm the buyer’s review and
acceptance of this VTS America limited warranty, notwithstanding any other
written or oral warranty of the Products that may be given to the buyer.
THE BUYER’S EXCLUSIVE REMEDY AGAINST VTS AMERICA SHALL BE LIMITED TO
THIS VTS AMERICA LIMITED WARRANTY, AND THIS LIMITED WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE
LIMITED WARRANTIES EXPRESSLY SET FORTH HEREIN. NO OTHER REMEDY,
INCLUDING, BUT NOT LIMITED TO, RECOVERY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR
ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS, SHALL BE AVAILABLE TO THE
LIMITATION OF LIABILITY
VTS America shall have no liability for any damages if VTS America's
performance is delayed for any reason or is prevented due to any extent by
any event such as, but not limited, to any war, civil unrest, government
restrictions or restraints, strikes or work stoppages, fire, flood,
accident, allocation, shortages of transportation, fuel, materials or
labor, acts of God or any other reason beyond the sole control of VTS
VTS AMERICA EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABILTY OR
CONSEQUENTIAL OR INCIDENTAL DAMAGE IN CONTRACT, OR BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY, OR IN TORT, WHETHER FOR VTS AMERICA’s
NEGLIGENCE OR AS STRICT LIABILITY. VTS AMERICA MAKES NO WARRANTY
AGAINST LATENT DEFECTS.