Santa Fe ULTRA98 Dehumidifier

free of material defects in workmanship or materials for a period of six (6) years following the date of initial purchase of such Product by

a Customer.

Limitation of Remedies. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THE ABOVE LIMITED WARRANTY AND THERMA-

SUPPLIES, TRANSPORTATION COSTS, LABOR COSTS INCURRED IN REPAIR OR REPLACEMENT OF SUCH COMPONENTS ARE NOT

INCLUDED. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH

HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF THERMA-STOR OR OF ITS

AFFILIATES OR RESELLERS IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF THERMA-STOR OR ANY

OF ITS AFFILIATES OR RESELLERS THAT IS NOT IN THIS AGREEMENT.

while under warranty, the applicable limited warranty period shall not be extended beyond the original warranty time period. The

limited warranty does not cover any costs related to changes to a Product or Component that may be required by any codes, laws, or

regulations that may become effective after initial purchase of the Product by Customer.

Customer Responsibilities. As a further condition to obtaining warranty coverage hereunder, the Customer must send a valid warranty

claim to Therma-Stor such that Therma-Stor receives such claim prior to the end of the applicable warranty period. Therma-Stor shall

have no obligation hereunder with respect to any claim received by Therma-Stor after the expiration of the applicable warranty period.

As a further condition to obtaining warranty coverage hereunder, the Customer must present forms of invoices evidencing proof of

Limitation of Liability. IN NO EVENT SHALL THERMA-STOR, IN CONNECTION WITH THE DESIGN, SALE, INSTALLATION, USE, REPAIR,

REPLACEMENT OR PERFORMANCE OF ANY PRODUCT, COMPONENT, PART THEREOF OR WRITTEN MATERIAL PROVIDED THEREWITH,

BE LIABLE, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER ANY LEGAL THEORY FOR ANY SPECIAL, DIRECT, INDIRECT,

COLLATERAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. NOTWITHSTANDING THE ABOVE LIMITATIONS AND WARRANTIES, THE

SOLE AND EXCLUSIVE LIABILITY OF THERMA-STOR, REGARDLESS OF THE NATURE OR THEORY OF THE CLAIM, SHALL UNDER NO

CIRCUMSTANCES EXCEED THE PURCHASE PRICE OF THE PRODUCT, COMPONENT OR PART UPON WHICH THE CLAIM IS PREMISED.

Applicable Law and Venue. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION RELATED TO THE PRODUCT WILL

BE BROUGHT EXCLUSIVELY IN DANE COUNTY, WISCONSIN, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL

AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE.

CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY