I-CON Limited Warranty
Subject to the terms and conditions set out in this instrument, I-CON Systems, Inc. ("I-CON") warrants each of its manufactured products ("Product") as follows ("I-CON Limited Warranty"):
Each Product listed and described in the following chart will conform to its written specifications and be free from manufacturing defects in material and workmanship during the period beginning on the date the end-user customer ("Customer") purchases a Product for the Product's intended and end-use purpose ("Original Purchase Date") and continuing for the duration of the applicable warranty period set forth in the following chart ("Applicable Warranty Period"):
||Applicable Warranty Period
|MOMENTUM® Flush Valves
|ELEMENT® Valves, Pre-tempered valves
|NEXUS® Controller and ancillary electronic devices
|Stainless Steel Fixtures
|COBALT®, COBALT Essential™, COBALT Pro™ and COBALT Connect™ faucets and flush valves
|All other products
|Batteries or other Consumables
Conditions of I-CON Limited Warranty
In order for the I-CON Limited Warranty to be applicable, enforceable, valid, and in force and effect, each of the following conditions must apply and be satisfied in full ("I-CON Limited Warranty Conditions"):
- I-CON must have manufactured the Product.
- Subject to the other terms and conditions in this instrument, the I-CON Limited Warranty covers only defects in (1) materials used in the original manufacturing of a Product or (2) the original workmanship to manufacture a Product.
- Either (1) Customer shall have installed the Product with or into its end-use location in strict accordance with the Product's installation and other documentation ("Documentation") currently accessible at https://support.i-con.com or (2) I-CON or an I-CON certified installer shall have installed the Product with or into its end-use location.
- The Product shall have been used at all times for its intended and end-use purpose according to its Documentation.
- The Product shall have been used at all times in compliance with its Documentation (including, without limitation, safety data sheets, instructions, and warnings) and under normal use conditions.
- The Product shall have been used at all times in accordance with applicable laws including, without limitation, environmental laws and building codes.
- The Product shall not have been altered, changed, fixed, modified, or repaired in any way, and no attempt to have altered, changed, fixed, modified, or repaired the Product in any way shall have occurred.
- None of the Product's original component parts shall have been replaced or altered, changed, fixed, modified, or repaired in any way, and no attempt to have altered, changed, fixed, modified, or repaired any original component part of a Product in any way shall have occurred.
- Neither the Product nor any original Product component part shall have been cannibalized, mishandled, vandalized, misused, damaged, or destroyed or subjected to any accident or improper use.
- Only genuine I-CON parts or I-CON authorized third-party parts shall have been used at all times in connection with the Product.
- All Product labels shall remain in their original locations and shall not have been altered, changed, modified, or removed in whole or in part, and no attempt to have altered, changed, modified, or removed any Product label shall have occurred.
- The Customer and all persons performing any maintenance on the Product shall have thoroughly read and understood all Documentation and specifications for the Product (including, without limitation, the Product's operating manual).
- The Customer shall comply fully and completely with the requirements set forth in this instrument after the heading entitled "PROCEDURE FOR ASSERTING AN I-CON LIMITED WARRANTY CLAIM"
Disclaimers, Exceptions, Exclusions, and Limitations to I-CON Limited Warranty
The I-CON Limited Warranty is subject to the following disclaimers, exceptions, exclusions, and limitations:
The I-CON Limited Warranty will be voided, invalid, and of no force or effect if any of the following shall apply:
- Any one or more of the I-CON Limited Warranty Conditions is not applicable or has not been satisfied in full.
The Product is damaged, destroyed, malfunctions, or otherwise fails to conform to its written specifications due in whole or in part to any one or more of the following:
- The Product's use with any other product or material not manufactured or supplied by I-CON.
- Acts of God including, without limitation, earthquake, fire, flooding, lightening, or other causes beyond the Customer's or I-CON's reasonable control.
- Repair of the Product by anyone other than an I-CON employee or I-CON certified contractor.
- Servicing of any item in which the Product is installed, including upgrades and expansions.
- Use of corrosive chemicals or cleaning agents on or around the Product.
- Use of the Product in connection with a corrosive water supply.
- The Product shall be stored or used in any manner consistent with its Documentation.
- Only the Customer may assert a Warranty Claim.
- I-CON does not warrant third-party manufactured goods or products or third-party components that are used or installed in or with Products.
- The Customer will be solely responsible for costs and expenses of returning a Product to I-CON including, without limitation, shipping and other return delivery costs.
- The I-CON Limited Warranty does not cover or apply to shipping related claims including, without limitation, damage or destruction of a Product during shipment or delivery, shortages, or overages. The Customer shall assert all shipping related claims directly to and/or with the carrier/deliverer, and I-CON will have no liability or responsibility for shipping related claims.
- Notwithstanding the remaining term of a Product's Applicable Warranty Period, the I-CON Limited Warranty will not apply to a Product defect due in whole or in part to a defective component part of the Product if a third party manufactured the component part and its original manufacturer's warranty shall have expired.
- Products will not be deemed to be defective if they have exceeded their shelf life or deteriorated due to age or other factors outside I-CON's control.
- The I-CON Limited Warranty does not cover or apply to any hardware or software that I-CON shall include in or make available in connection with a Product. Such hardware and software is warranted, if at all, under an original manufacturer's warranty, if any. I-CON will use commercially reasonable efforts to have any such warranties assigned to the Customer, but will have no other obligations or liabilities arising out of, or relating to, any third party's manufacturer's warranty.
- The Applicable Warranty Period will commence and continue to run regardless of whether a Product shall be installed or used after being purchased. Under no circumstances and for no reason will the Applicable Warranty Period be suspended or tolled.
- The I-CON Limited Warranty is enforceable to the maximum extent allowable under applicable laws.
- The Applicable Warranty Period will expire without notice and without additional action of I-CON at 11:59:59 P.M. Eastern Daylight Time on the final day of the Applicable Warranty Period.
- The I-CON Limited Warranty does not cover any installation, repair, or other services that I-CON may provide in connection with, or relating to, a Product. If I-CON initially installs a Product with or into its end-use location or provides any repair services in connection with a valid Warranty Claim, I-CON warrants only that such installation or repair service will be performed in a good, professional, and workmanlike manner. I-CON makes no and disclaims all other express and implied guaranties, representations, promises, and warranties with respect to such services.
- NO WARRANTIES EXTEND BEYOND THE DESCRIPTION OF THE I-CON LIMITED WARRANTY ON THE FACE OF THIS INSTRUMENT. EXCEPT FOR THE I-CON LIMITED WARRANTY, I-CON SELLS ALL PRODUCTS "AS IS," "WHERE IS," AND "WITH ALL FAULTS," AND I-CON MAKES NO AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED GUARANTIES, REPRESENTATIONS, PROMISES, AND WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE.
- SOME PRODUCTS MAY HAVE RELATED HARDWARE AND SOFTWARE (COLLECTIVELY "RELATED WARES") AND RELATED CAPABILITIES ("RELATED CAPABILITIES"), WHETHER USED ALONE OR IN CONNECTION WITH OTHER GOODS OR EQUIPMENT, TO ASSEMBLE, COMPILE, GATHER, PRODUCE, OR REPORT DATA AND INFORMATION ("DATA"). I-CON DOES NOT WARRANT AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO RELATED WARES, RELATED CAPABILITIES, AND DATA INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE RELATED WARES, RELATED CAPABILITIES, AND DATA AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO RELATED WARE, RELATED CAPABILITY, OR DATA IS A SUBSTITUTE FOR OTHER DIRECT MEANS TO OBTAIN ANY DATA (INCLUDING, WITHOUT LIMITATION, AUDIBLE AND VISIBLE INDICATIONS IN A BUILDING OR ON A PRODUCT ITSELF) NOR A SUBSTITUTE FOR DIRECT OR INDIRECT MONITORING OF THE PRODUCTS OR THE SYSTEMS AND PROPERTIES WITHIN WHICH THE PRODUCTS ARE INSTALLED OR WORK. CUSTOMER SHALL NOT RELY UPON ANY RELATED WARE, RELATED CAPABILITY, OR DATA FOR DECISION MAKING PURPOSES. CUSTOMER'S USE OF ANY RELATED WARE, RELATED CAPABILITY, OR DATA IS AT CUSTOMER'S SOLE DISCRETION AND RISK INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, AND LIABILITIES.
- THE I-CON LIMITED WARRANTY IS SUBJECT TO CHANGE IN I-CON'S SOLE DISCRETION AT ANY TIME AND FROM TIME TO TIME.
- NO ORAL STATEMENTS OR ASSURANCES BY ANY I-CON EMPLOYEE, I-CON REPRESENTATIVE (INCLUDING ANY I-CON WARRANTY REPRESENTATIVE), OR OTHER PERSON WILL BE (1) BINDING UPON I-CON, (2) DEEMED TO BE PART OF THE I-CON LIMITED WARRANTY, OR (3) AMEND, CHANGE, MODIFY, SUPPLEMENT, OR OTHERWISE AFFECT THE I-CON LIMITED WARRANTY IN ANY WAY.
- THE I-CON LIMITED WARRANTY SUPERSEDES ALL OTHER ORAL AND WRITTEN STATEMENTS, INCLUDING PRIOR VERSIONS AND ITERATIONS OF THE I-CON LIMITED WARRANTY, AND NO OTHER WARRANTIES APPLY TO A PRODUCT.
- CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER A PRODUCT IS SUITABLE FOR AND MEETS CUSTOMER'S NEEDS AND END-USE REQUIREMENTS. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES RELATING TO A PRODUCT'S SUITABILITY AND WHETHER THE PRODUCT MEETS CUSTOMER'S NEEDS AND END-USE REQUIREMENTS.
- I-CON SHALL NOT BE LIABLE OR RESPONSIBLE FOR (1) ANY DAMAGE OR DESTRUCTION TO ANY PERSONAL PROPERTY OR REAL PROPERTY (2) OR ANY OTHER CONSEQUENTIAL DAMAGES OR LOSS OF USE CLAIMS OF ANY MEASURE WHATSOEVER DUE IN WHOLE OR IN PART TO A DEFECTIVE PRODUCT. IN ALL CASES, I-CON'S TOTAL CUMULATIVE LIABILITY UNDER THE I-CON LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT.
- NOTWITHSTANDING ANYTHING IN THIS I-CON LIMITED WARRANTY TO THE CONTRARY, IN NO EVENT SHALL I-CON BE LIABLE TO CUSTOMER ARISING OUT OF, OR RELATING TO, A PRODUCT, I-CON'S TERMS AND CONDITIONS OF SALE, OR THE I-CON LIMITED WARRANTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR DOWN TIME, LOST TIME, LOST PROFITS OR REVENUES, AND COMMERCIAL LOSSES), REGARDLESS OF (1) WHETHER SUCH DAMAGES WERE FORESEEABLE, (2) WHETHER I-CON SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (3) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, OR (4) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL I-CON'S AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF, OR RELATING TO, A PRODUCT, I-CON'S TERMS AND CONDITIONS OF SALE, THE I-CON LIMITED WARRANTY, OR OTHERWISE EXCEED THE TOTAL OF THE AMOUNT CUSTOMER SHALL HAVE PAID FOR THE PRODUCT SUBJECT TO A VALID WARRANTY CLAIM.
- THE I-CON LIMITED WARRANTY WILL EXPIRE AND NO LONGER BE VALID WITHOUT FURTHER ACTION UPON THE CONCLUSION OF THE APPLICABLE WARRANTY PERIOD.
I-CON Limited Warranty Obligations
If I-CON receives a valid Warranty Claim, I-CON's sole obligation, and Customer's sole and exclusive remedy, will be for I-CON, in its sole discretion, to either:
- Repair the returned Product at no charge, using new replacement parts;
- Replace the returned Product with a new version of the same Product; or
- Replace the returned Product with another new Product that has been manufactured from new or serviceable used parts and is functionally equivalent to the returned Product.
Any Product that I-CON shall repair or replace will continue to be subject to the I-CON Limited Warranty for an amount of time equal to the remainder of the original Applicable Warranty Period plus the number of days beginning on the date that I-CON actually receives the Warranty Claim and the date that I-CON delivers the repaired or replaced Product to the Customer.
The I-CON Limited Warranty incorporates by reference I-CON's Terms and Conditions of Sale (currently accessible at https://www.i-con.com/terms-and-conditions) as may be in effect on the Product's Original Purchase Date for its intended and end-use purpose If any provision of the I-CON Limited Warranty conflicts or is inconsistent with I-CON's Terms and Conditions of Sale, the provisions of the I-CON Limited Warranty will govern and prevail over the conflicting or inconsistent provision in the I-CON Terms and Conditions of Sale.
I-CON may amend the I-CON Limited Warranty at any time and from time to time in its sole discretion without notice; provided, that the version of the I-CON Limited Warranty in effect on a Product's Original Purchase Date will continue to govern that sale regardless of I-CON 's subsequent amendment of the I-CON Limited Warranty.