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A. Extent of Limited
Warranty
1. GMS warrants to the end-user customer that the GMS
products specified above will be free from defects in materials and workmanship
for the duration specified above, which duration begins on the date of
purchase by the customer.
2. GMS's limited warranty covers only those defects that
arise as a result of normal use of the product, and does not cover any
other problems, including those that arise as a result of improper maintenance
or modification; the use of alternative parts or supplies not provided
or supported by GMS; operation outside the product's specifications; unauthorized
modification or misuse.
3. If product failure or damage is attributable to the
use of a non- GMS replacement part, GMS will charge its standard time
and materials charges to service the product for the particular failure
or damage.
4. If GMS receives, during the applicable warranty period,
notice of a defect in any product, which is covered by this warranty,
GMS shall either repair or replace the product, at GMS's option.
5. If GMS is unable to repair or replace, as applicable,
a defective product, which is covered by this warranty, GMS shall, within
a reasonable time after being notified of the defect, refund the purchase
price of the product as long as the defect is reported to GMS within the
Warranty Period.
6. GMS shall have no obligation to repair, replace, or
refund until the customer returns the defective product to GMS.
7. Any replacement product may be either new or like
new, provided that it has functionality at least equal to that of the
product being replaced.
8. GMS products may contain remanufactured parts, components,
or materials equivalent to new in performance.
9. GMS 's Limited Warranty Statement is valid in any
country where the covered product is distributed by GMS. Contracts for
additional warranty services, such as on-site service, may be available
from any authorized GMS service facility in countries where the product
is distributed by GMS or by an authorized importer.
10. GMS recommends that the customer retain the original
packaging in which the GMS product was received. In the event a return
of the product is required, use the original packaging to prevent product
damage during shipment.
11. The expense of return postage or shipping from a
customer to GMS shall be the responsibility of the customer. If applicable,
GMS will pay postage or shipping costs to return a warranted replacement
or repaired unit to the customer. Repaired units will be returned to fulfill
the remainder of the unit s original warranty duration.
12. GMS HYDRO-4000 are built to operate using plain tap
water with or without electrolytes approved by GMS. The use of lye, electrolytes
or substances other than plain tap water and GMS approved electrolytic
substances, is strictly prohibited and will void this warranty. The only
exception to this provision is the use of a 20 percent solution of denatured
alcohol mixed with water, to prevent HYDRO-4000 freeze-up during cold
weather.
B. Product Installation
1. GMS products must be properly installed in order to
function as designed. It is recommended that a certified vehicle mechanic
perform installation. Every effort has been made to provide detailed installation
instructions. These directions are packed with each unit and must be followed
conscientiously to avoid installation errors that could cause a unit to
malfunction. This warranty does not cover non-performance of units improperly
installed. The installer is responsible to the customer for his/her installation
and for correcting an improper installation.
2. Components shipped with a GMS product are warranted
to perform as designed and are included in the warranty duration shown
above. Defective components may be returned for immediate replacement
anytime during the warranty period.
3. In the unlikely event there are missing parts or components
that should have been included in an installation kit, those missing parts
or components will be shipped by same-day mail upon notification to GMS.
4. All necessary basic parts and components required
for an unusual installation in or near the engine compartment of a customer
vehicle have been included in each GMS product installation kit. The cost
of any extra wire, tubing, connectors or other miscellaneous parts and
components required for an unusual installation, is the responsibility
of the customer.
5. In the event that an GMS product cannot be installed
in a customer vehicle for some reason, a unit with its complete complement
of component parts, may be returned within 30 days after receipt (return
postage/shipping paid by the customer) for a full refund, including original
shipping cost and applicable sales taxes, less a 10 percent restocking
charge based on the unit s original selling price. The Generator must
be returned in near new condition in the unit s original packaging. Slight
blemishes and component modifications (wire, tubing, etc.) caused by a
failed installation will be accepted.
6. Units purchased from and installed by an authorized
GMS distributor/agent, are warranted by the distributor/agent in the same
manner as a unit purchased directly from GMS, except, customer complaints
concerned with installation problems or product defects must be processed
by the distributor/agent who will then work with GMS to obtain replacement
parts or repairs. The distributor/agent is solely responsible for correcting
malfunctions due to improper installation.
C. Limitations of Warranty
TO THE EXTENT ALLOWED BY LOCAL LAW, NEITHER GMS NOR ITS THIRD PARTY SUPPLIERS
MAKES ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
AND FITNESS FOR A PARTICULAR PURPOSE. ACCIDENTAL DAMAGES TO A CUSTOMER
VEHICLE DURING THE INSTALLATION PROCESS, IS NOT COVERED BY THIS WARRANTY.
D. Limitations of Liability
To the extent allowed by local law, the remedies provided in this Warranty
Statement are the customer's sole and exclusive remedies.
TO THE EXTENT ALLOWED BY LOCAL LAW, EXCEPT FOR THE OBLIGATIONS SPECIFICALLY
SET FORTH IN THIS WARRANTY STATEMENT, IN NO EVENT SHALL GMS OR ITS THIRD
PARTY SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E. Local Law
1. This Warranty Statement gives the customer specific
legal rights. The customer may also have other rights, which vary from
state to state in the United States, from province to province in Canada,
and from country to country elsewhere in the world.
2. To the extent that this Warranty Statement is inconsistent
with local law, this Warranty Statement shall be deemed modified to be
consistent with such local law. Under such local law, certain disclaimers
and limitations of this Warranty Statement may not apply to the customer.
For example, some states in the United States, as well as some governments
outside the United States (including provinces in Canada), may preclude
the disclaimers and limitations in this Warranty Statement from limiting
the statutory rights of a consumer (e.g., the United Kingdom); otherwise
restrict the ability of a manufacturer to enforce such disclaimers or
limitations; or grant the customer additional warranty rights, specify
the duration of implied warranties which the manufacturer cannot disclaim,
or allow limitations on the duration of implied warranties.
3. THE TERMS IN THIS WARRANTY STATEMENT, EXCEPT TO THE
EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY, AND ARE
IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE
OF GMSPRODUCTS TO SUCH CUSTOMERS.
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