ADT/DESA Specialty Productsª 10 Year Product Limited Warranty (ÒLimited WarrantyÓ)
ADT Security Services, Inc. and DESA Specialty Products™ (the “Parties”) warrant to the original retail purchaser only (the “Purchaser”) that this item (the “Product”) is free from manufacturing defects in material and workmanship, provided the Product is used in normal conditions and is installed and used in strict accordance with the instructions contained in the Product’s Owner’s Manual.
This 10 year Limited Warranty (the “Limited Warranty Period”), shall commence on the date the Purchaser buys the Product at retail in an unused condition.
The Parties’ obligations under this Limited Warranty shall be limited to the repair or replacement of any warranted parts found by the Parties to be defective in the Product or, in the Parties’ sole discretion, the replacement of the Product found by the Parties to be defective.
Limited Warranty Exclusions and Limitations
This Limited Warranty does not apply to:
a.Light Bulbs and other expendable items supplied with or forming part of the Product.
b.Defects or damages arising by use of the Product in other than normal (including normal atmospheric, moisture and humidity conditions) or by installation or use of the Product other than in strict accordance with the instructions contained in the Product’s Owner’s Manual.
c.Defects in or damages to the Product caused by (i) negligent use of the Product, (ii) misuse or abuse of the Product, (iii) electrical short circuits or transients, (iv) Purchaser adjustments that are not covered in the Owner’s Manual, (v) use of replacement parts not supplied by the Parties (vi) improper Product maintenance, or (vii) accident, fire, flood or other Acts of God.
This Limited Warranty is invalidated if other than the Parties’ accessories are or have been used in or in connection with the Product or if any modification or repair is made to the Product by other than a service depot authorized by the Parties.
The Parties reserve the right to make changes in design or to make additions to or improvements in the Products without incurring any obligation to modify any Product which has already been manufactured.
The Parties neither assume nor authorize any person to assume for them any other obligation or liability in connection with the sale or service of the Product or to act on their behalf in the modification, variation or extension of this Limited Warranty. Any and all claims or statements, whether written or verbal, by salespeople, retailers, dealers or distributors contrary to this Limited Warranty are not authorized by the Parties, and do not affect the provisions of this Limited Warranty.
This Limited Warranty covers only ADT/DESA Specialty Products™ assembled products and is not extended to other equipment and components that a Purchaser uses in conjunction with the Product.
THIS LIMITED WARRANTY IS EXCLUSIVE, THE SOLE REMEDY OF THE PURCHASER AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS, OR LIABILITIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY OR THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, OR OTHERWISE. IN NO EVENT SHALL THE PARTIES BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR, AND THIS LIMITED WARRANTY SHALL SPECIFICALLY BE IN LIEU OF, ALL SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY MANNER FROM THE USE, MISUSE, FUNCTIONING,
THE PARTIES DO NOT MAKE ANY CLAIMS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PRODUCT’S POTENTIAL, ABILITY OR EFFECTIVENESS TO DETECT, MINIMIZE, OR IN ANYWAY PREVENT DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF ANY KIND WHATSOEVER. THE PARTIES ARE NOT RESPONSIBLE FOR ANY DEATH, PERSONAL INJURY, DAMAGE OR LOSS OR THEFT RELATED TO THE PRODUCT OR ITS USE OR FOR ANY HARM, WHETHER PHYSICAL OR MENTAL RELATED THERETO. THE PARTIES DO NOT REPRESENT THAT THE PRODUCT MAY NOT BE COMPROMISED AND OR CIRCUMVENTED, OR THAT THE PRODUCT WILL PREVENT DEATH, PERSONAL INJURY AND /OR BODILY INJURY, AND/OR DAMAGE TO PROPERTY OF PURCHASER OR OTHERS RESULTING FROM BURGLARY, ROBBERY, FIRE OR OTHERWISE, OR THAT THE PRODUCT WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. PURCHASER UNDERSTANDS THAT A PROPERLY INSTALLED AND MAINTAINED PRODUCT MAY ONLY REDUCE THE RISK OF EVENTS SUCH AS BURGLARY, ROBBERY, FIRE OR SIMILAR EVENTS WITHOUT WARNING, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR OR THAT THERE WILL BE NO DEATH, PERSONAL INJURY AND/ OR PROPERTY DAMAGE AS A RESULT. THE PARTIES SHALL NOT BE LIABLE FOR ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF ANY KIND WHATSOEVER TO PURCHASER OR OTHERS, WHETHER DIRECTLY, INDIRECTLY, INCIDENTALLY, CONSEQUEN- TIALLY OR OTHERWISE, CAUSED BY THE OPERATION, NONOPERATION, FUNCTIONING, MALFUNCTIONING OR MISUSE OF THE PRODUCT ALONE OR IN CONNECTION WITH PRODUCTS, ACCESSORIES, OR ATTACHMENTS OF OTHERS, USED IN CONJUNCTION WITH THE PRODUCT, OR ARISING OUT OF THE PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILTY, FAILURE TO COMPLY WITH ANY LAW OR OTHER FAULT. HOWEVER, IF THE PARTIES ARE HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY FOR ANY SUCH DEATH, PERSONAL INJURY, PROPERTY DAMGE OR LOSS OF ANY KIND WHATSOEVER ARISING UNDER THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF THE CAUSE OR ORIGIN, THE PURCHASER AGREES THAT THE PARTIES’ MAXIMUM LIABILITY SHALL NOT IN ANY CASE EXCEED THE PURCHASE PRICE OF THE PRODUCT, WHICH SHALL BE FIXED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY OF THE PURCHASER AGAINST THE PARTIES.
THIS LIMITED WARRANTY APPLIES TO THE PRODUCT ONLY, GIVES THE PURCHASER SPECIFIC RIGHTS AND SHALL NOT BE MODIFIED, VARIED OR EXTENDED. SOMES STATES DO NOT ALLOW LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OF SAME MAY NOT APPLY TO PURCHASER. THE PURCHASER MAY HAVE OTHER RIGHTS UNDER STATE, PROVINCIAL, OR FEDERAL LAWS AND WHERE THE WHOLE OR ANY PART OF ANY ITEM OF THIS LIMITED WARRANTY IS PROHIBITED BY SUCH LAWS, IT SHALL BE DEEMED NULL AND VOID, BUT THE REMAINDER OF THE LIMITED WARRANTY SHALL REMAIN IN EFFECT.
Warnings:
ThePurchasershouldfollowtheinstallationandoperationinstructionscontainedintheOwner’sManualandamongotherthingstesttheProductandthewholesystem atleastonceaweek.Forvariousreasons,including,butnotlimitedto,changesinenvironmentalconditions,electricorelectronicdisruptionsandtampering,theProduct may not perform as expected. The Purchaser is advised to take all necessary precautions for his /her safety and the protection of his/her property.
Always use discretion when installing the Product especially when there is perceived privacy. Inquire regarding federal, state and/or local regulations applicable to the lawful installation and use of the Product.
Product manufactured by DESA Specialty Products™ for sale by Home Depot, U.S.A., Inc.. ADT and the ADT logo are registered trademarks of ADT Services, AG and are used by Home Depot, U.S.A. Inc. under license from ADT Security Services, Inc. and its affiliate.
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