This equipment warranty (“Warranty”) is between Turntide Technologies Inc. (“Seller” or “Turntide”) and you, as the buyer (“Buyer”), and is limited to the Turntide Motor, Turntide Edge Hardware (i.e., Supervisor, Hub and Adapter), Turntide Motor Controller, Turntide Electrification Components (e.g., pumps, fans, batteries, inverters) (collectively, “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 (the following being hereinafter, the “Warranty Period“, as applicable):
- for three (3) years for the Turntide Motor, beginning forty-five (45) days from the date such Motor is shipped from Turntide’s warehouse (or, if the Motor is sold to Buyer via a Turntide reseller, beginning (90) days after the date such Motor is shipped from Turntide’s warehouse; contact your reseller for information on date of shipment from Turntide’s warehouse);
- for two (2) years for the Turntide Edge Hardware and the Turntide Motor Controller, beginning forty-five (45) days from the date each such Product is shipped from Turntide’s warehouse (or, if the Edge Hardware is sold to Buyer via a Turntide reseller, beginning (90) days after the date such Edge Hardware is shipped from Turntide’s warehouse; contact your reseller for information on date of shipment from Turntide’s warehouse); and
- one (1) year for the Turntide Electrification Components (unless otherwise stated in a writing agreed to by Turntide and Buyer), beginning forty-five (45) days from the date each such Product is shipped from Turntide’s warehouse (or, if the Electrification Component is sold to Buyer via a Turntide reseller, beginning (90) days after the date such Electrification Component is shipped from Turntide’s warehouse; contact your reseller for information on date of shipment from Turntide’s warehouse).
Notwithstanding the foregoing, the Warranty Period for wear parts and consumable Products shall not exceed recommended replacement intervals set forth in the published specifications and instructions provided by Seller or its supplier (“Instructions”).
Any repair or replacement of a Product under this Warranty shall not extend the original Warranty Period. For all other goods not defined as Products above, the standard warranty provided by the original third-party manufacturer shall apply and is available from the original manufacturer.
Disclaimer: this Warranty does not cover installation.
(b) SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF ANY KIND, AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(c) Buyer Responsibilities.
(i) Turntide Motor 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, the remedies available under this Warranty will be void. Testing shall include the items in the Motor Installation and System Startup Report provided at Turntide Academy.
Turntide Battery requirements: The following has to be observed at all times: (1) the system minimum cell voltage does not fall below the minimum voltage specified in the battery instruction manual (“over discharged state”) and (2) the parameters voltage, current, temperature and humidity are performed within the limits of the Data Sheet both for storage and for operation. Considering the end of life (EOL) capacity of a battery to be 70% of initial start of life capacity, Seller’s warranty for batteries will not be deemed to end early if a battery reaches EOL prior to the end of such warranty. NOTE: All lithium-ion batteries gradually and naturally lose charge capacity over time, therefore the warranty does not cover capacity retention of such Products unless due to a defect in material or workmanship inherent in the product on the date of delivery.
(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 Warranty and remedy are expressly conditioned upon: (A) Buyer thoroughly inspecting all Product(s) when delivered and giving written notice of the defect, reasonably described in detail, to Seller within ten (10) days of the time when the Product(s) were delivered or if the defects could not be detected through thorough inspection upon delivery, within ten (10) days after Buyer discovers 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 returning the Product(s) to Seller and providing Seller with a reasonable opportunity to examine the Product(s) and the aforementioned records; (E) Buyer leaving any tamper detection mechanisms fully intact; and, (F) 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.
If Buyer wishes to start a recall campaign or any other similar procedures, Buyer shall immediately notify Seller. Seller shall not bear the costs for any such actions unilaterally initiated by the Buyer, without prior written approval from Seller. Buyer shall always first inform Seller about any defect in order to allow Seller to undertake thorough analysis.
(d) Seller Responsibilities. If, prior to the expiration of the applicable Warranty Period, Buyer informs Seller in writing of any defect as specified above, Seller may repair the Product(s), replace the Product(s) with the same or an equivalent model 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. The repaired or replaced Product will be warranted for the remainder of the original warranty period and does not cause prolongations of the warranty term or the starting of a new warranty period.
(e) Exclusions. This Warranty shall not apply to any of the following, or to any Product failures caused by any of the following:
(i) improper site preparation and maintenance;
(ii) any damage caused to Product(s) during shipping;
(iii) installation, alteration, adjustments, adaptations, improper testing, disassembly, modification, removal of serial numbers or warranty date decals, repair, 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, neglect, 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 or instructions;
(vii) use of the Product(s) with software, interfacing, parts, or supplies not supplied by Seller;
(viii) any defect in goods 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 or operation outside of the duty cycle (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; or
(xvii) any other causes beyond the control of Seller.
(f) Sole Remedy. THE REMEDIES SET FORTH IN THIS 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 WARRANTY. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATION OR LIABILITY, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damage, penalties, special or punitive damages, damages for lost profits or revenues, cost of capital, cost of substitute products, or the claim of any third party for any such damages.
Updated March 8, 2022