Warranty Information

The warranty provided under the Surge Guard Protection Service is a manufacturer’s warranty offered by TESCO, and is passed on to you.

1. Limited Warranty and Warranty Period

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.

2. Covered Claims

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):

• The Surge Protector;
• In-home household electronic equipment and mechanical appliances that are downline of the Surge Protector.

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.

3. Warranty Exclusions

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:

• Power surges subverting the Surge Protector and entering the building to which the Surge Protector is affixed by other means of transmission;
• Installation of the Surge Protector contrary to TESCO installation instructions;
• Misuse or abuse of the Surge Protector;
• Alteration of the Surge Protector or to the electrical, telephone or cable system to which it is installed;
• Continued overvoltages passing through the Surge Protector (an “overvoltage” is any transmission greater than nominal voltage, including but not limited to that occurring when a high-voltage line comes in contact with a low-voltage line);
• Direct lightning strikes, which are defined as those on or within reach of the building to which the Surge Protector is affixed;
• Earthquakes, natural disasters and Acts of God, except lightning in the limited circumstances described;
• Or any events for which a state of emergency is announced by any governmental authority concerning the Customer’s geographic region or jurisdiction.

4. Excluded Items

This Limited Warranty does not cover any damage to or from any of the following:

• Real property and fixtures;
• Equipment or appliances in or associated with detached buildings or fixtures, including but not limited to garages, wells and swimming pools;
• Personal property which in TESCO’s reasonable discretion does not constitute ordinary in-home electronic equipment or mechanical appliances;
• In-home electronic equipment or mechanical appliances which in TESCO’s reasonable discretion are deemed to be used primarily for commercial purposes or extraordinary home office/business purposes;
• Medical, healthcare and life-support equipment;
• Products, materials, data or information used or stored on or in in-home electronic equipment or mechanical appliances.

5. Remedy for Breach of Limited Warranty

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.

6. Fraudulent Claims and Waiver of Right to Future Claims

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.

7. WARRANTY DISCLAIMERS

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.