- No agent or representative of Falco Industries Inc., retailer, distributor or dealer has any express or implied authority to make any representation, promise, guarantee or warranty not stated in the Limited Product Warranty.
- Limited Warranty
- Falco Industries Inc. (“Falco”) products (“DeVent”) are warranted to be free from defects in materials and workmanship under normal service and use for which they were designed for a period of one (1) year from the date of the original retail purchase. (the “Warranty Period”).
During the warranty period, Falco will, at no charge, repair or replace defective DeVent, or at the option of Falco, issue a credit on account for the original purchase price of the product within a reasonable time. Falco, at its sole discretion, will decide if the unit is to be returned to Falco. This warranty does not extend to any DeVent that has been damaged or rendered defective as a result of an accident, mis-use or abuse, by the use of parts not manufactured or sold by Falco, or by modification of the DeVent. Labor charges for removal or replacement of the product are the responsibility of the customer.
This Limited Warranty covers only DeVent purchased from Falco and resold by an authorized dealer, retailer or seller and does not cover used, salvaged or refurbished products.
The repair or replacement of the Falco under this Warranty does not extend the duration of the Warranty Period or begin a new Warranty Period.
- Warranty Limitations
- This Warranty extends only to the Original Purchaser of the DeVent.
Falco requires proper installation, maintenance and use. Any of the following circumstances will reduce or exclude Falco’s responsibilities and liabilities under this Warranty:
1) installed in a manner not in compliance with the Product installation guide available at DeVent.com;
2) improperly stored or maintained;
3) Any non-authorized modification, repair or physical damage to the product, accidental or otherwise, not caused by a defect in material or workmanship;
4) combined or used with third party components;
5) damaged by accident including burns, cuts, cracks, tears, scratches, scuffs, stains, and indentations;
6) The warranty does not protect against acts of God, such as direct lightning strikes, flood, earthquake and war. It also does not protect against vandalism, theft, normal-use wear and tear.
- Sole Warranty
- It is the responsibility of the purchaser and user to ensure that DeVent is compatible with their HVAC system. This Warranty therefore does not cover any repair or replacement of an HVAC system, furnace, electrical system or components, or any other mechanical damage or labour costs resulting directly or indirectly from the installation and use of DeVent.
This Warranty and the remedies set out above are exclusive and in lieu of any other warranties and remedies, oral or written, express or implied.
Falco expressly disclaims any and all representations and warranties not stated in this Warranty.
Falco disclaims all implied warranties, including any implied warranties of merchantability and fitness for a particular purpose. If Falco cannot lawfully disclaim or exclude implied warranties under applicable law, then to the extent possible any claims under such implied warranties shall expire on expiration of the Warranty Period.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Falco’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Falco BE LIABLE FOR LOSS OF PROFITS, REVENUES OR INCOME, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR INDIRECT, SPECIAL, ECONOMIC, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT Falco HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
This warranty is valid in the United States and Canada only.