To Return an item for Warranty:
1.
Call EFH Quality Control Department for an RGA (Return Goods
Authorization) Number.
Note: Electro-Flex Heat will not accept any returns without an
RGA number!
2.
Reference the RGA number on the outside of the shipping carton
and on any accompanying paperwork. EFH recommends
UPS
for speedy,
easier return.
Note: International and Canadian customers must include the following
statement on their paperwork: "Articles
to be repaired, altered or processed (including processes which
result in articles
manufactured
or produced) in the United States."
3.
Warranty Items
All duties, fees and shipping costs for the return of goods
to EFH, Inc. for warranty items are at the expense of
the customer.
EFH will pay to return repaired goods to the customer.
4.
Non-warranty items
Shipping costs for the return of goods to EFH, Inc. for
repair are at the expense of the customer. All duties
and fees that
may accompany this return are also at the customer's
expense.
ELECTRO-FLEX HEAT , INC.
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
Electro-Flex Heat
Inc. (hereinafter called Electro-Flex), warrants only that the
Products and parts manufactured by Electro-Flex and
the work performed by Electro-Flex (all hereinafter called Products)
will meet all applicable written specifications, if any, at the
time of shipment, and will be free from defects in material and
workmanship under normal conditions of use. All claims for defective
or nonconforming (both hereinafter called defective) Products under
this warranty must be made in writing within thirty (30) days of
discovery, and in any event, within one (1) year after the date
of shipment by Electro-Flex. Notwithstanding the foregoing, the
warranty shall be for six (6) months with respect to the external
glue on Products. After receipt of written authorization from Electro-Flex,
buyer shall return the defective Products to the designated address.
THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER,
EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Notwithstanding the provisions of this WARRANTY AND LIMITATION
Clause, it is specifically understood that Products and parts not
manufactured and work not performed by Electro-Flex are warranted
only to the extent and in the manner that the same are warranted
to Electro-Flex by Electro-Flex’s vendors, and then only
to the extent that Electro-Flex is reasonably able to enforce such
warranty, it being understood Electro-Flex shall have no obligation
to initiate litigation unless Buyer undertakes to pay all costs
and expenses therefor, including but not limited to attorney’s
fees, and indemnifies Electro-Flex against any liability to Electro-Flex’s
vendors arising out of such litigation.
Upon Buyer’s submission of a claim as provided above and
its substantiation, Electro-Flex shall at its option either (i)
repair or replace its Products at the original f.o.b. point of
delivery or (ii) issue a credit for an equitable portion of the
purchase price.
THE FOREGOING IS ELECTRO-FLEX’S ONLY OBLIGATION
AND BUYER’S
EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, AND IS BUYER’S EXCLUSIVE
REMEDY AGAINS ELECTRO-FLEX FOR ALL CLAIMS ARISING HEREUNDER OR
RELATING HERETO WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STICT LIABILITY) OR OTHER THEORIES.
BUYER’S FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL
SPECIFICALLY WAIVE ALL CALIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING,
BUT NOT LIMITED TO CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT
SHALL BUYER BE ENTITLED TO INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES AND BUYER SHALL HOLD ELECTRO-FLEX HARMLESS THEREFROM.
ANY ACTION BY BUYER ARISING HEREUNDER OR RELATING HERETO, WHETHER
BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY) OR OTHER THEORIES, MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER
THE DATE OF SHIPMENT OR IT SHALL BE BARRED.
This warranty is in lieu of all other warranties
expressed or implied, including any warranty of merchantability,
and fitness for a particular purpose. EFH does hereby exclude and
shall not be liable to purchaser for any consequential or incidental
damages including but not limited to damages to property, damages
for loss of use, loss of time, loss of profits or income, resulting
from any breach of warranty.
