LIFETIME LIMITED WARRANTY
1. General. Subject to the terms, conditions, and limitations hereinafter set forth, Arzel Technology, Inc. d/b/a Arzel Zoning Technology, 4801 Commerce Parkway, Cleveland, Ohio 44128 (“Seller”) warrants to the end-user (“Buyer”) only, that each new stock damper or stock panel component manufactured exclusively by Seller (the “product(s)”) will be free from defects in material and workmanship for as long as the original Buyer owns the product and the real property on which the product was originally installed, subject to the transfer provisions in Section 5. Seller’s entire and exclusive obligation and liability, and Buyer’s sole and exclusive remedy under this warranty, is limited to, at Seller’s option, repair or replacement of any particular part proven to be defective, free of charge. Seller reserves the right, in its sole discretion, to provide Buyer with new or refurbished parts pursuant to this warranty. If an exact replacement part is not available, Seller will replace with an equivalent or upgraded part.
2. Exclusions/Limitations. This warranty covers parts only. This warranty does not cover any transportation costs, labor costs, installation costs, or other costs or charges incurred by anyone other than Seller, including the costs charged by any contractor or distributor to install a replacement part. Buyer will be responsible for paying any such costs. This warranty does not cover failures caused in whole or in part by: (1) fire, flood, abuse, or acts of God; (2) improper installation; (3) faulty maintenance or lack of maintenance; (4) improper use or application; (5) the use of replacement parts which do not meet or exceed Seller’s specifications; (6) normal wear and tear; or (7) improper repairs or modification. CUSTOM PRODUCTS, AS WELL AS PRODUCTS FURNISHED, BUT NOT MANUFACTURED, BY SELLER, ARE NOT COVERED BY THIS WARRANTY. Products furnished but not manufactured by Seller may be covered by the manufacturer of such products and Buyer’s sole and exclusive remedy for such products is limited to any warranty given by said manufacturer. Nothing herein is intended to provide warranty coverage to lessees or anyone other than Buyer and no third-parties are intended to be beneficiaries of this warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES. ANY IMPLIED WARRANTIES THAT MAY BE APPLICABLE TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
3. Need to Register Product. To qualify for coverage under this warranty, unless otherwise prohibited by law, Buyer or its agent or contractor must register the Arzel Zoning System within 90 days of installation using the Product Registration form available at https://www.arzelzoning.com/warranty/product-registration/. Buyer’s failure to register its Arzel Zoning System as provided above will result in a reduction of this warranty term to one year. This registration requirement does not apply to Buyers in California or Connecticut. For avoidance of doubt, failure to complete the Product Registration form by a Buyer in California or Connecticut does not diminish such Buyer’s rights under this warranty.
4. How to Obtain Warranty Service. Upon discovery of a defect, Buyer or its agent or contractor must contact Seller at 1-800-611-8312 to determine Buyer’s eligibility for this warranty, following which Seller will fulfill its obligations to Buyer under this warranty within the later of (a) (30) business days and (b) the timeframe otherwise agreed upon by Buyer and Seller. To process the claim, Buyer or its agent or contractor will be required to submit proof of installation to Seller, including (a) the name, address, and telephone number of the owner of the property where the product was installed; (b) the address of the real property where the product was installed; (c) the date of installation; (d) the name and address of the contractor or distributor that installed the product; (e) the panel type and panel model number, and (f) the panel serial number. Seller reserves the right to require Buyer to return any stock damper or stock panel component deemed defective to Seller, at Buyer’s expense.
5. Expiration/Limitation of Warranty Upon Transfer. If Buyer sells, transfers, or conveys, in whole or in part, title to, or ownership of, the product, or the real property on which the product was originally installed (such sale or transfer the “Transfer,” and the party receiving the Transfer, the “Transferee”), then this warranty and all coverage hereunder shall be deemed expired, voided, and terminated immediately and automatically upon the Transfer unless the Transfer is a Qualified Transfer (as defined below). If the Transfer is a Qualified Transfer, then this warranty shall transfer to Transferee and Transferee shall be deemed to be the Buyer hereunder through the remainder of the warranty term. The Transfer is a “Qualified Transfer” if all of the following are satisfied: (a) the Transfer is the first (1st) and only Transfer to occur since the day on which the product was originally installed; (b) pursuant to the Transfer, Transferee acquires sole and full ownership of both the product and the real property on which the product was originally installed; (c) following the Transfer, the product remains in the same location on or within the real property where it was originally installed; and (d) the Transfer occurs within five (5) years after the day on which the product was originally installed. For purposes of further clarity, there may be only one (1) Qualified Transfer. When filing a warranty claim, the Transferee will be required to submit proof that the Transfer was a Qualified Transfer, in addition to the information identified in Section 3 that is required to be submitted for all warranty claims. For the most efficient handling of warranty claims, Transferee should complete the Product Registration form at https://www.arzelzoning.com/warranty/product-registration/ promptly after the Transfer. For avoidance of doubt, failure to complete the Product Registration form does not diminish a Transferee’s rights under this warranty.
6. Further Disclaimer. THE OBLIGATION AND LIABILITY OF SELLER UNDER THIS WARRANTY SHALL NOT INCLUDE LIABILITY FOR LOSS OR INJURY OF ANY NATURE, LOSS OF USE, LOSS OF PROFITS OR ANY OTHER DIRECT OR INDIRECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED BY THE FAILURE OF THE PRODUCT, ANY DEFECT IN THAT PRODUCT OR ANY DELAY IN REMEDYING THE SAME, BREACH OF THIS LIMITED WARRANTY, BREACH OF CONTRACT, OR STRICT LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
7. For any questions regarding this warranty or the product registration process, please contact Seller at 1-800-611-8312.
Effective Date: January 1st, 2023