Warranty form (warranty terms are below form)
1. Limited Warranty
International Solar Solutions Inc. (“iSolar”) warrants that for 10 years beginning on the date of original purchase (the “Warranty Period”), its solar-powered attic fans (“Fans”) shall be free from defects in materials and workmanship under normal application, installation, use and service conditions. iSolar further warrants that for an additional 10 years beginning on the date at the end of the Warranty Period (the “Additional Warranty Period”), the warranty coverage detailed herein will continue on a pro-rated cost basis, decreasing by 10% of the total cost of warranty coverage each year until the date that is 20 years after the date of original purchase. If any Fan fails to conform to this Limited Warranty and provided that any such failure is determined by iSolar (in its sole discretion) not to have resulted from one of the excluded events set forth in Section 3 below, then for the Warranty Period, iSolar will repair, replace (new or refurbished) or refund the defective Fans as set forth herein. iSolar will make all reasonable efforts to repair the Fan, or replace it with a comparable Fan. If this is not commercially feasible, then iSolar will refund the purchase price of the defective Fan as paid by the customer. The repair, replacement or refund remedy provided herein shall be the sole and exclusive remedy. The Limited Warranty for any repaired or replaced Fan shall not extend beyond the Warranty Period or the Additional Warranty Period. In the case of a valid warranty claim, this Limited Warranty covers ONLY: (i) reasonable and customary transportation costs for return of the Fan; and (ii) reshipment of any repaired or replaced Fan.
2. General Conditions for Warranty Claims
a) Warranty claims must in all events be filed within the Warranty Period.
b) Warranty claims may only be made by, or on the behalf of (i) the original end customer, and (ii) any subsequent title holder of the Fans upon satisfactory proof of succession or transfer from the original end customer.
c) In cases of Fan replacement, any replaced Fan shall pass into the ownership of iSolar.
3. Exclusions and Limitations
The Limited Warranty does not apply to any of the following:
a) Fans subjected to: misuse, abuse, neglect or accident; alteration, improper installation, application or removal; non-observance of the applicable iSolar installation, users and/or maintenance instructions or noncompliance with applicable building or electrical codes; conditions exceeding the wind or snow load specifications; lightning, flood, fire or other extreme weather condition; damage from persons, insects, animals, or industrial chemical exposure; glass breakage from impact or other events outside iSolar’s control.
b) Normal wear and tear of Fan components, including, but not limited to, wear to fan motor or blades, color fading, weathering of glass coatings, and areas of discoloration.
c) The cost of a service technician to clean, install, maintain, or remove the Fan from a building, or any repairs or modifications to a building. iSolar shall not be held responsible or liable to the customer or any third-party arising out of any non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, fire, flood, strikes, labor disruptions, or any other cause or circumstance beyond iSolar’s reasonable control.
4. Limitation of Warranty Scope
SUBJECT TO THE LIMITATIONS UNDER APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF ISOLAR, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING BY ISOLAR. ISOLAR SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE FAN, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE FAN, OR FROM ITS USE OR INSTALLATION. UNDER NO CIRCUMSTANCES SHALL ISOLAR BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED. LOSS OF USE, LOSS OF PROFITS, LOSS OF INCOME (INCLUDING FAILURE TO REALIZE EXPECTED SAVINGS), ARE THEREFORE SPECIFICALLY BUT WITHOUT LIMITATION EXCLUDED. ISOLAR’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR THE FAN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITED WARRANTY IS HELD UNENFORCEABLE OR ILLEGAL BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION, SUCH PROVISIONS SHALL BE MODIFIED TO THE MINIMUM EXTENT REQUIRED SUCH THAT THE REST OF THIS LIMITED WARRANTY WILL CONTINUE IN FULL FORCE AND EFFECT.
5. Obtaining Warranty
Performance If you feel you have a justified claim covered by this Limited Warranty, please contact iSolar directly at the contacts shown below. An iSolar representative will give you advice on handling the claim, which may include, without limitation, the provision of the warranty card, online warranty registration information, invoice, evidence of the date of purchase or delivery of the Fan, serial number and product number of affected products, and evidence of claim.
International Solar Solutions Inc.
Attn: Product Returns
2126 Burnhamthorpe Rd. West, RPO S Common Mall, P.O. Box 67067, Mississauga, ON L5L 5V4
1 (647) 977-7821