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The warranty provided under the Surge Guard Protection Service is a manufacturer’s warranty offered by TESCO, and is passed on to you.
TESCO warrants that each TESCO Surge Protector, when installed according to TESCO installation instructions/specifications and used for the purposes intended by TESCO, will be free from defects in its material and workmanship and will meet the written engineering specifications and test standards prepared by TESCO. This Limited Warranty will be in effect for 10 years from the date the Surge Protector is first installed for any customer. “Customer” is defined as the owner of the residential dwelling to which the surge protector(s) is attached and is also the person responsible for payment of the service. The first installation date of each System should be documented, but if not available will be determined by TESCO in its reasonable discretion.
If a surge passes through a failed TESCO Surge Protector, TESCO will repair damage to or replace the following (except as stated in Paragraphs 3 and 4 below):
Each item is warranted up to $5,000 per item and an aggregate $50,000 per failure. TESCO will pay for repair or replace with like kind, quality and features of warranted items. Personal home office equipment such as computers, fax machines, modems, copiers, printers, scanners, etc., that are used in a home office in the residential Customer’s primary living dwelling are covered under this warranty.
TESCO is not responsible for any damage to the Surge Protector or any downline in-home electronic equipment or mechanical appliances if, in TESCO’s sole and reasonable discretion, the damage has been caused by any of the following:
This Limited Warranty does not cover any damage to or from any of the following:
Customer’s sole and exclusive remedy for this Limited Warranty will be to require TESCO to repair or replace the Surge Protector and, if applicable, to repair damage to downline in-home electronic equipment and electromechanical appliances, or replace with like kind, quality and features, up to $5,000 per item, but not to exceed an aggregate $50,000 per failure. However, TESCO SHALL HAVE NO LIABILITY PURSUANT TO THIS LIMITED WARRANTY AND NO OBLIGATION TO REPAIR OR REPLACE ANY SYSTEM OR ANY EQUIPMENT OR APPLIANCE UNLESS ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: Upon installation of the System, Customer receives a complete copy of this warranty from the Utility; Not more than fourteen (14) days after Customer’s discovery or suspicion of a failed/damaged Surge Protector, Customer notifies Utility or TESCO of such failure and any alleged damage covered by this Limited Warranty; The Surge Protector was not altered and was at all times handled, installed, maintained and used by Customer and/or Utility in accordance with this Limited Warranty, all written instructions, specifications and warnings furnished by TESCO. Customer may be required to deliver to Utility or TESCO a true, accurate and reasonable written estimate by a qualified professional of the value and cost of repair (and description of the damage) for any downline in-home electronic equipment and electromechanical appliances allegedly damaged at the same time the Surge Protector failed. TESCO will determine in its reasonable discretion whether there has been a failure of a Surge Protector resulting in a valid claim. In the event that TESCO is liable for a warranty claim, the decision between whether to repair or to replace the Surge Protector and any covered downline in-home electronic equipment and mechanical appliances shall be made by TESCO in its sole discretion.
CUSTOMER UNDERSTANDS AND AGREES THAT IF CUSTOMER SUBMITS A FRAUDULENT CLAIM ON THIS LIMITED WARRANTY, CUSTOMER HEREBY WAIVES RIGHT TO ALL FURTHER CLAIMS (FRAUDULENT AND NON-FRAUDULENT) OR REMEDIES FOR THE BREACH OF THIS LIMITED WARRANTY OR ANY OTHER IMPLIED WARRANTIES WHICH OTHERWISE MAY EXIST.
TESCO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES THAT EXTEND BEYOND THOSE DESCRIBED HERE.
NO AGENT OR REPRESENTATIVE OF TESCO, NOR OF ANY RETAILER, LESSOR OR INSTALLER OF THE SYSTEM, HAS ANY EXPRESS OR IMPLIED AUTHORITY TO MAKE ANY REPRESENTATION, PROMISE, GUARANTEE OR WARRANTY NOT STATED HERE.
THIS LIMITED WARRANTY SETS FORTH ALL OBLIGATIONS OF TESCO IN THE EVENT DEFECTS APPEAR IN THE SYSTEM AND A SURGE PASSES THROUGH A FAILED SURGE PROTECTOR. THE REMEDIES STATED HERE ARE THE SOLE AND EXLUSIVE REMEDIES FOR ANY DAMAGE, LOSS OR CLAIM.
TESCO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR ANY ECONOMIC LOSS.
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