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13. Warranty
Apricus Solar Collector Installation & Operation Manual - USA
Copyright 2011 – Apricus Inc Doc: A7-05.4.12-PB Page 4 of 129
LIMIT OF LIABILITY
EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED
FOR HEREIN APRICUS HEREBY DISCLAIMS AND EXCLUDES
ANY AND ALL OTHER WRITTEN OR ORAL EXPRESS
WARRANTIES OR REPRESENTATIONS. ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE MUST ARISE
UNDER STATE LAW TO APPLY, AND IS HEREBY LIMITED IN
DURATION TO THE DURATION OF THE WRITTEN LIMITED
WARRANTIES PROVIDED HEREIN UNLESS OTHERWISE
BARRED BY ANY APPLICABLE STATUTE OF LIMITATION.
APRICUS DISCLAIMS ANY RESPONSIBILITY FOR SPECIAL,
INDIRECT, SECONDARY, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING FROM OWNERSHIP OR USE OF THESE
PRODUCTS, INCLUDING PERSONAL INJURY,
INCONVENIENCE, LOSS OF USE OR LOSS OF INCOME. NO
AGENT OR REPRESENTATIVE OF APRICUS HAS ANY
AUTHORITY TO EXTEND OR MODIFY THIS WARRANTY
UNLESS SUCH EXTENSION OR MODIFICATION IS MADE IN
WRITING BY A CORPORATE OFFICER. WHERE ANY
DISCLAIMERS AND LIMITATIONS CONFLICT WITH APPLICABLE
STATE LAW, APPLICABLE STATE LAW SHALL PREVAIL.
Some states do not allow the exclusion or limitation of incidental or
consequential damages and some states do not allow limitations on
how long implied warranties may last, so the above limitations may
not apply to you.
WITH RESPECT TO ANY END-USER OTHER THAN A
CONSUMER END-USER WHICH PURCHASES APRICUS
PRODUCTS FOR COMMERCIAL, INSTITUTIONAL, INDUSTRIAL
OR OTHER NON-RESIDENTIAL PURPOSES, APRICUS
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR IMPLIED WARRANT OF FITNESS FOR A PARTICULAR
PURPOSE AND FURTHER DISCLAIMS ANY LIABILITY FOR
SPECIAL, INDIRECT, SECONDARY, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING FROM OWNERSHIP OR
USE OF THESE PRODUCTS, INCLUDING PERSONAL INJURY,
INCONVENIENCE, LOSS OF USE OR LOSS OF INCOME.
Apricus assumes no responsibility under this Limited Warranty for
any damage to the Products caused after they have left the control
of Apricus, including but not limited to damages caused by any
trades people or visitors on the job site, or damage caused as a
result of post-installation work. This Limited Warranty shall be
invalidated by any abuse, misuse, misapplication or improper
installation of the Products.
GENERAL
Apricus warrants its Solar Collectors and Accessories (the
“Products”) to be free from defects in workmanship under normal
usage for the applicable Warranty Period from the date of
installation. This Limited Warranty extends to the End-User of the
product at the original installation location, and is not transferable.
In the event of a defect, malfunction or other failure of the Products
occurring within the applicable Warranty Period which is not caused
by any misuse or damage to the Product while in the possession of
the End-User, Apricus will remedy the failure or defect within a
reasonable amount of time. The remedy will consist of repair or
replacement of the Products, or refund of the purchase price, in
Apricusʼs sole discretion. However, Apricus will not elect to refund
the purchase price unless it is unable to provide a replacement, and
repair is not commercially practical and cannot be made within a
reasonable timeframe. After a reasonable number of attempts by
Apricus to remedy any defects or malfunction, the End-User will be
entitled to either a refund or replacement of the product or its
component parts. The remedies stated herein are the sole
remedies for defects within the applicable warranty period.
MANUFACTURER LIMITED WARRANTY
Solar Thermal Components
WARRANTY PERIOD
The “Effective Date” of warranty coverage is the installation date as
recorded on the installation record form, purchase invoice date, or, if
neither are available, the date of manufacture plus sixty (60) days.
Component
Coverage
Apricus Solar Collector:
Copper heat transfer header
Fifteen years parts
Apricus Solar Collector:
Evacuated Tubes and Heat Pipes
Ten years parts
Apricus Solar Collector:
Mounting Frame
Fifteen years parts
Heat Dissipater
Ten years parts
Pump Station
Five years parts
Three years parts for
circulation pumps
Solar Controller
Two years parts
WARRANTY EXCLUSIONS
This warranty shall be void and shall have no effect if:
(a) The design or structure of the Products are attempted to be
modified or altered in any way, including by not limited to
attaching non-Apricus approved appliances or equipment;
(b) The Products are not installed or repaired in accordance
with applicable local codes;
(c) The Products are not installed by qualified, suitably licensed
persons;
(d) The installer had not received Product installation training by
an authorized Apricus distribution partner:
(e) The installation was not completed in line with the guidelines
of the then current Apricus installation manual;
(f) System is exposed to excessive system pressure;
(g) Solar collector is exposed to flow rates in excess of 15Lpm /
4gpm;
(h) Any system component is damaged due to freezing;
(i) Any system component leaks due to corrosion;
(j) Water quality is not within specified limits, and/or non-
approved heat transfer liquids are used;
(k) Damage to the collector header is caused due to heat
buckling;
(l) Failure is due to wind, hail, storms or other acts of God;
(m) Failure or loss of efficiency is due to lime-scale formation;
(n) Failure is due to lightning damage, electrical power
interruption or dirty power supply;
(o) Electrical devices are installed in an environment that
exceeds their specified operating range;
(p) Temperature sensors fail due to water ingress, electrical
shorting, or electrical interference;
(q) Failure of the circulation pump due to running the system
dry;
(r) Product serial tag or other identification is defaced or
removed;
(s) Product is relocated from its original point of installation;
(t) Collector is not commissioned and is left to dry stagnate for a
period exceeding 14 consecutive days;
(u) Any operation exceeds the documented design limits of the
system components.
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