WARRANTIES AND LIMITATIONS OF LIABILITY AND DAMAGE
Heat-Timer Corporation warrants that it will replace, or at its option, repair any Heat-Timer Corporation manufactured product or part thereof which is found to be defective in material workmanship within one year from the date of installation only if the warranty registration has been properly filled out and returned within 30 days of the date of installation. Damages to the product or part thereof due to misuse, abuse, improper installation by others or caused by power failure, power surges, fire, flood or lightning are not covered by this warranty. Any service, repairs, modifications or alterations to the product not expressly authorized by Heat-Timer Corporation will invalidate the warranty. Batteries are not included in this warranty. This warranty applies only to the original user and is not assignable or transferable. Heat-Timer Corporation shall not be responsible for any maladjustments of any control installed by Heat-Timer Corporation. It is the users responsibility to adjust the settings of the control to provide the proper amount of heat or cooling required in the premises and for proper operation of the heating or cooling system. Heat-Timer Corporation shall not be required to make any changes to any building systems, including but not limited to the heating system, boilers or electrical power system, that is required for proper operation of any controls or other equipment installed by Heat-Timer Corporation or any contractor. Third Party products and services are not covered by this Heat-Timer Corporation warranty and Heat-Timer Corporation makes no representations or warranties on behalf of such third parties. Any warranty on such products or services is from the supplier, manufacturer, or licensor of the product or service.
THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND HEAT-TIMER CORPORATION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL HEAT-TIMER CORPORATION, ITS AUTHORIZED REPRESENTATIVES, AFFILIATED OR SUBSIDIARY COMPANIES BE LIABLE FOR SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES, EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF SALE. THE SOLE REMEDY WITH RESPECT TO ANY PRODUCT OR PART SOLD OR INSTALLED BY HEAT-TIMER CORPORATION SHALL BE LIMITED TO THE RIGHT TO REPLACEMENT OR REPAIR F.O.B. FAIRFIELD, NJ. HEAT-TIMER CORPORATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM DELAY OR INABILITY TO DELIVER FOR ANY REASON, INCLUDING BUT NOT LIMITED TO FIRE, FLOOD, LIGHTNING, POWER FAILURE OR SURGES, UNAVAILABILITY OF PARTS, STRIKES OR LABOR DISPUTES, ACCIDENTS AND ACTS OF CIVIL OR MILITARY AUTHORITIES. HEAT-TIMER CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. HEAT-TIMER CORPORATION'S AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OF SALE SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
ICMS Internet Access Service and ICMS Data Service are not provided as part of the sale of any RINet control unless specifically included on the invoice. These services must be purchased separately. The Internet Access provider may retain ownership of any modems provided as part of Internet Access Service. Such modems shall be returned to the Internet provider at the time of termination of such Internet Access Service, otherwise the Purchaser may be charged for the price of such modem.