Effective Date: 12.08.2022
The Warranty described in this document shall be IN LIEU OF any other warranty, expressed or implied, including but not limited to, any implied warranty of MERCHANTABILITY or a fitness for a particular purpose.
This limited warranty is given only to the immediate purchaser (‘Buyer”) of the TAP Kiln Control product. This limited warranty is not transferable. SDS Industries warrants the controller components to be in good working order under normal operating conditions for a period of three (3) years from the date of purchase. Should the TAP Kiln Control product fail to be in good working order at any time during the stated three (3) year period, SDS Industries will, at its option, repair or replace the TAP Kiln Control product as set forth below. Repair parts will be furnished on an exchange basis and will be either refurbished or new. All replaced parts or products become the property of SDS Industries. Following receipt of notice from Buyer of a valid warranty claim and the TAP Kiln Control product, SDS Industries will perform its obligations under this limited warranty within 7 business days.
Limited warranty services may be obtained by delivering the TAP Kiln Control product during the warranty period to your TAP Kiln Control Supplier or to SDS Industries, INC. and providing written proof of purchase and a description of the defect or problem. Buyer will be responsible for shipping and handling incurred by SDS Industries in returning the TAP Kiln Control product to the Buyer after completion of limited warranty service.
TAP Kiln Control products returned for service where no warranted defect is found will be subject to service and shipping fees.
If the TAP Kiln Control product is not in good working order as warranted above, the Buyer’s sole remedy shall be repair or replacement of the TAP Kiln Control product as provided above. To the extent permitted by law, ALL EXPRESS AND IMPLIED WARRANTIES FOR THE TAP KILN CONTROL PRODUCTS INCLUDING THE WARRANTIES OF THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE THREE-YEAR WARRANTY PERIOD COMMENCING ON THE DATE OF PURCHASE, AND NO OTHER WARRANTY WHETHER EXPRESS OR IMPLIED WILL APPLY TO THIS PERIOD. To the extent permitted by law, SDS INDUSTRIES, INC’S REMEDY AND BUYER’S SOLE REMEDY IS LIMITED SOLELY AND EXCLUSIVELY TO REPAIR OR REPLACEMENT AS SET FORTH HEREIN. SDS INDUSTRIES, INC. SHALL NOT BE LIABLE FOR, AND THE BUYER’S REMEDY SHALL NOT INCLUDE ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, WHETHER A CLAIM IS BASED UPON THEORY OF CONTRACT, NEGLIGENCE, OR TORT.
Buyer shall determine the suitability of the TAP Kiln Control product for the intended use and assume all risk and liability therewith. Some states do not allow this exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which carry from State to State.
The above limitation does not apply in the event that any TAP Kiln Control product is determined by a court of competent jurisdiction to be defective and to have directly caused bodily injury, death, or property damage; provided that in no event shall SDS Industries, INC. liability exceed the greater of $1,200.00 or the purchase price of the specific TAP Kiln Control product that caused such damage.
Conditions and Exceptions of Warranty
SDS Industries’ liability under this Warranty is expressly conditioned upon:
- The product having been installed in accordance with industry-accepted installation practices.
- The product having been maintained in accordance with industry-standard maintenance practices.
- SDS Industries shall have no responsibility under this Warranty as concerns apparent defects which have been caused by misuse, abuse, improper application, alteration, accident, or negligence in use, storage, transportation, or handling. Further, the original identification markings must not have been removed, defaced, or altered.
- The parties agree that the Buyer’s sole and exclusive remedy against SDS Industries shall be for the repair or replacement of defective parts, as provided herein. The Buyer agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to persons or property, or any other incidental or consequential loss) shall be available to the Buyer.
This warranty does not apply to any damage to the TAP Kiln Control product resulting from:
- Operation beyond electrical rating.
- External sources including, but not limited to, chemicals, heat abuse, and improper care.
- Improper or inadequate maintenance by the Buyer
- Parts or equipment not supplied by SDS Industries
- Unauthorized modification or misuse.
- Operation outside environmental specifications
- Improper installation
- Overfiring (melting of materials being fired) regardless of the cause of the overfiring
Each SDS Industries device is warrantied from the date of delivery as evidenced by a sales order, receipt, or delivery confirmation.