Limited Warranty

Exergy Performance (Exergy) warrants to the original retail purchaser that Exergy product(s) purchased directly from Exergy or directly from an authorized Exergy dealer shall be free from defects in workmanship and material for a period of one (1) year from the original purchase date. This limited warranty is not transferrable.

In the event there is a defect in workmanship or material in a product that is covered by this limited warranty, the purchaser shall, at the purchaser’s expense, return the product to Exergy along with a valid proof of purchase, the purchaser’s address and telephone number and/or email address. If Exergy determines that the product is covered by this limited warranty, then Exergy shall, in its sole and absolute discretion, either (i) repair the defective product; (ii) replace the defective product with the same product or with a similar product of at least the same or better performance specifications, or (iii) refund the original purchase price. In the case of a repaired or replaced product, Exergy will ship, at its expense, the repaired or replaced product to the address the customer provided. If Exergy replaces the product or grants a refund, Exergy shall be entitled to keep the defective product.

Any repaired or replacement product will remain covered under this limited warranty for the unexpired duration of the limited warranty period as the original product

If Exergy determines that the product is not defective or is not covered by this limited warranty, then at the purchaser’s election, Exergy will either (i) return the product to the purchaser at the purchaser’s expense, or (ii) keep and dispose of the product.

THIS LIMITED WARRANTY IS THE PURCHASER’S EXCLUSIVE REMEDY FOR ANY PRODUCT DEFECT OR FAILURE AND IS THE TOTAL LIABILITY OF EXERGY AND ITS SUBSIDIARIES AND AFFILIATES FOR ANY PRODUCT IT WARRANTS.

THIS LIMITED WARRANTY DOES NOT EXTEND TO ANY PRODUCT THAT FAILS DUE TO (i) ACCIDENT OR COLLISION; (ii) IMPROPER USE, STORAGE, INSTALLATION, MAINTENANCE OR SERVICE; (iii) COMBINATION OF THE PRODUCT WITH OTHER THIRD-PARTY PRODUCT(S) WHICH FAIL; (iv) ABUSE, MISUSE, MODIFICATION, OR NEGLECT; (v) FAILURE TO FOLLOW DIRECTIONS; (vi) AN ACT OF GOD (SUCH AS A FLOOD, CHEMICAL FALLOUT, SALT, HAIL OR OTHER ENVIRONMENTAL CONDITIONS INCLUDING NATURAL DISASTER); (vii) INSTALLATION OR USE ON VEHICLES USED FOR PURPOSES WHERE SUCH PRODUCT IS NOT INTENDED; OR (viii) INSTALLATION OR USE ON VEHICLES USED FOR MARINE PURPOSES WHERE SUCH PRODUCT IS NOT INTENDED FOR MARINE USE.

THIS LIMITED WARRANTY DOES NOT COVER LABOR, TOWING, OR RENTAL VEHICLE CHARGES, WHICH ARE THE PURCHASER’S SOLE RESPONSIBILITY. THIS LIMITED WARRANTY DOES NOT COVER ANY LABOR OR OTHER COSTS OF REMOVAL OF THE PRODUCT OR THE INSTALLATION OF ANY REPAIRED OR REPLACEMENT PRODUCT, SUCH COSTS ARE THE PURCHASER’S SOLE RESPONSIBILITY.

THIS LIMITED WARRANTY DOES NOT COVER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF USE, LOSS OF REVENUE OR PROFIT, COST OF SUBSTITUTE EQUIPMENT, REPAIR LABOR, LODGING COSTS, OR ANY OTHER INCONVENIENCE COSTS. THIS LIMITED WARRANTY REPRESENTS THE TOTAL LIABILITY OF EXERGY FOR ANY PRODUCT TO WHICH IT APPLIES. EXERGY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY FOR PURCHASES IN THOSE STATES.

THIS LIMITED WARRANTY DOES NOT APPLY OR EXTEND TO ANY PERSON OTHER THAN THE ORIGINAL RETAIL PURCHASER WHO PURCHASED THE PRODUCT(S) DIRECTLY FROM EXERGY OR DIRECTLY FROM ANY AUTHORIZED EXERGY DEALER WITHIN THE CONTINENTAL UNITED STATES OR CANADA.