This limited equipment warranty (“Limited Warranty”) is between Turntide Technologies, Inc. (“Seller” or “Turntide”) and you, as the buyer (“Buyer”), of Turntide’s manufactured equipment, including but not limited to the Turntide Motor, Turntide Supervisor, and/or Turntide Motor Controller (“Product” or “Products”).
(a) Standard Warranty Period. Subject to the requirements and exclusions as stated below, Seller warrants to Buyer that the Product(s) will be free from defects in material and workmanship under normal use as follows: for three (3) years for the Turntide Motor, beginning forty-five (45) days from the date such Motor is shipped from Turntide’s warehouse; and for two (2) years for the Turntide Supervisor electronics and the Turntide Motor Controller, beginning forty-five (45) days from the date each such Product is shipped from Turntide’s warehouse, (the “Warranty Period”).
Notwithstanding the foregoing, the Warranty Period for consumable Products shall not exceed recommended replacement intervals set forth in the published specifications and instructions provided by Seller, its supplier, or subcontractor (“Instructions”).
Any repair or replacement of a Product under this Limited Warranty shall not extend the original Warranty Period.
(b) Extended Warranty. Buyer may purchase an extended warranty by contacting the Buyer’s sales or customer success representative.
(c) Buyer Responsibilities.
(i) Installation requirements: Buyer must use an installer who has attained certification to install Turntide Products at Turntide Academy, and the installer must complete and submit the Motor Installation and System Startup Report for each Product to verify successful commissioning.
Furthermore, before any test related to verification of installation is conducted to evaluate the Product(s) (“Test”), Buyer will: (A) provide Seller with reasonable written notification of the Test; (B) allow Seller to be present during the Test; and, (C) receive Seller’s consent to the conditions of the Test, which consent will not be unreasonably withheld. If a Test is performed on a Product and Seller has not consented to the conditions of the Test, this Limited Warranty will be void.
Testing shall include the items in the Motor Installation and System Startup Report provided at Turntide Academy.
(ii) Buyer’s warranty-related costs: For warranty issues, Buyer will bear the costs of access, de-installation, re-installation, and labor related to each Product; this includes all costs related to investigation, removal, packing, disposal, and, if Seller suggests disposal, disposal charges.
(iii) Warranty process: This Limited Warranty and remedy are expressly conditioned upon: (A) Buyer giving written notice of the defect, reasonably described, to Seller within ten (10) days of the time when Buyer discovers or reasonably should have discovered the defect; (B) the storage, installation, operation, use, and maintenance of the Product(s) in compliance with the Instructions; (C) the existence of proper records of Buyer’s operation and maintenance of the Product(s) during the Warranty Period; (D) Buyer providing Seller with a reasonable opportunity to examine the Product(s) and the aforementioned records; and, (E) the absence of any applicable exclusion.
If Seller identifies the Product(s) as defective, Buyer shall follow the proper Return Merchandise Authorization (“RMA”) process by contacting Seller’s Technical Support team (877-776-8470) for approval of the RMA. Buyer may contact its sales representative or Seller’s Technical Support team for details about the RMA process.
(d) Seller Responsibilities. If, prior to the expiration of the Warranty Period, Buyer informs Seller in writing of any defect as specified above, Seller may replace the Product(s) that gave rise to the defect or, in Seller’s sole and exclusive discretion, refund the amounts that Buyer paid for the Product(s). If Seller elects to replace the Product(s), after confirmation by the RMA process, Seller shall pay for shipping of the defective Product(s) to its RMA location and pay for shipping of the replacement Product(s) or part(s) to Buyer.
(e) Exclusions. This Limited Warranty shall not apply to:
(i) improper site preparation and maintenance;
(ii) any damage caused to Product(s) during shipping;
(iii) installation, alteration, disassembly, modification, removal of serial numbers or warranty date decals, or relocation of the Product(s) that was not approved in writing by Seller or performed by Seller or by a certified Seller installer or service provider;
(iv) any mechanical damage (e.g., during maintenance or service) by non-Turntide personnel;
(v) damage that does not affect Product performance, such as scratches and dents, normal aging, normal wear and tear, or corrosion;
(vi) abuse, vandalism, damage, or other problems caused by accidents, misuse or negligence, or use of the Product(s) in a way other than as specified in the applicable Seller documentation;
(vii) use of the Product(s) with software, interfacing, parts, or supplies not supplied by Seller;
(viii) any defect in product(s) not manufactured by Seller;
(ix) any damage caused by improper installation, wiring, or use of the Product(s);
(x) any damage caused by extreme power surge, extreme electromagnetic field, or any acts of nature;
(xi) any damage that impacts the thermal characteristics of the Product(s) (e.g., Motor fan damage);
(xii) any damage caused by improper operation of the Product(s) (e.g., overloading the motor);
(xiii) any damage caused by improper voltage applied (i.e., not to specification);
(xiv) any damage caused by improper current source used (i.e., current not to specification) or by lack of protection against current surge;
(xv) any damage caused by use of the Product(s) outside of environmental specifications (e.g., indoor Motors used outdoors);
(xvi) any damage caused by use of the Product(s) with uncertified sensors; and
(xvii) any other causes beyond the control of Seller.
Disclaimer: this Limited Warranty does not cover installation.
(f) Sole Remedy. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY FAILURE OF SELLER TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING ANY BREACH OF THE LIMITED WARRANTY. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF ANY KIND, AND SELLER DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.