Warranty Statement
& Information
The Cell, Inc. (TCI)
TCI product covered
with limited Two (2) year warranty.
This warranty does not cover TCI products that have been remanufactured,
reverse-engineered, cut or sawed into, misused, or tampered with in any way
after purchase and/or certified installation.
A. Extent of
Limited Warranty
1. Manufacturer
warrants to the end-user customer that The Cell, Inc. (TCI) products specified
above will be free from defects in materials and workmanship for two (2) year,
which begins on the date of purchase, if the customer is installing, or from
date of installation if installed by a TCI certified installation provider.
2. TCI's limited
warranty covers only those defects that arise as a result of normal use of the
product, and does not cover any other problems, including those that arise as a
result of improper maintenance or modification; the use of alternative parts or
supplies not provided or supported by TCI; operation outside the product's
specifications; unauthorized modification or misuse.
3. If product failure
or damage is attributable to the use of a non- TCI replacement part, TCI will
charge its standard time and materials charges to service the product for the
particular failure or damage.
4. If TCI receives,
during the applicable warranty period, notice of a defect in any product, which
is covered by this warranty, the manufacturer shall either repair or replace
the product, at TCI 's option.
5. If the
manufacturer is unable to repair or replace, as applicable, a defective
product, which is covered by this warranty, TCI shall, within a reasonable time
after being notified of the defect, refund the purchase price of the product as
long as the defect is reported to TCI within the Warranty Period.
6. TCI shall have no
obligation to repair, replace, or refund until the customer returns the
defective product to TCI.
7. Any replacement
product may be either new or like new, provided that it has functionality at
least equal to that of the product being replaced.
8. TCI products may
contain remanufactured parts, components, or materials equivalent to new in
performance.
9. TCI 's Limited
Warranty Statement is valid in any country where the covered product is
distributed by TCI. Contracts for additional warranty services, such as on-site
service, may be available from any authorized TCI service facility in countries
where the product is distributed by TCI or by an authorized importer.
10. TCI recommends
that the customer retain the original packaging in which the TCI product was
received. In the event a return of the product is required, use the original
packaging to prevent product damage during shipment.
11. The expense of
return postage or shipping from a customer to TCI shall be the responsibility
of the customer. If applicable, TCI will pay postage or shipping costs to
return a warranted replacement or repaired unit to the customer. Repaired units
will be returned to fulfill the remainder of the unit’s original warranty
duration.
12. The TCI HOD
System is built to operate using only TCI approved and/or private labeled
fluids including the Hydrogen Charging Fluid or Hydrogen Filling Fluid. Any other liquid or solid that is
introduced into the tanks may harm the unit and void the warranty.
B. Product
Installation
1. TCI products must
be properly installed in order to function as designed. It is required that a
certified TCI installer performs the installation. This warranty does not cover
non-performance of units improperly installed by the end user or a
non-certified technician.
2. Components shipped
with a TCI product are warranted to perform as designed and are included in the
warranty duration shown above. Defective components may be returned for
immediate replacement anytime during the warranty period.
3. In the unlikely
event there are missing parts or components that should have been included in
an installation kit, those missing parts or components will be shipped by
next-day mail upon notification to TCI.
4. All necessary parts
and components required for routine installation in or near the engine
compartment of a customer vehicle have been included in each TCI product
installation kit. The cost of any extra wire, tubing, connectors or other
miscellaneous parts and components required for an unusual installation, is the
responsibility of the customer.
5. In the event that
an TCI product cannot be installed in a customer vehicle for some reason, a
unit with its complete complement of component parts, may be returned within 30
days after receipt (return postage/shipping paid by the customer) for a full
refund, including original shipping cost and applicable sales taxes, less a 20
percent restocking charge based on the unit’s original selling price. The HOD
System must be returned in near new condition in the unit’s original packaging.
Slight blemishes and component modifications (wire, tubing, etc.) caused by a
failed installation will be accepted.
6. Units purchased
from and installed by an authorized TCI distributor/agent, are warranted by the
distributor/agent in the same manner as a unit purchased directly from TCI,
except, customer complaints concerned with installation problems or product
defects must be processed by the distributor/agent who will then work with TCI
to obtain replacement parts or repairs. The distributor/agent is solely
responsible for correcting malfunctions due to improper installation.
C. Limitations of
Warranty
TO THE EXTENT ALLOWED
BY LOCAL LAW, NEITHER TCI, THE MANUFACTURER, NOR ITS THIRD PARTY SUPPLIERS
MAKES ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS
FOR A PARTICULAR PURPOSE. ACCIDENTAL DAMAGES TO A CUSTOMER VEHICLE DURING THE
INSTALLATION PROCESS, IS NOT COVERED BY THIS WARRANTY.
D. Limitations of
Liability
To the extent allowed
by local law, the remedies provided in this Warranty Statement are the
customer's sole and exclusive remedies.
TO THE EXTENT ALLOWED
BY LOCAL LAW, EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THIS
WARRANTY STATEMENT, IN NO EVENT SHALL TCI, THE MANUFACTURER, OR ITS THIRD PARTY
SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E. Local Law
1. This Warranty
Statement gives the customer specific legal rights. The customer may also have
other rights, which vary from state to state in the United States, from
province to province in Canada, and from country to country elsewhere in the
world.
2. To the extent that
this Warranty Statement is inconsistent with local law, this Warranty Statement
shall be deemed modified to be consistent with such local law. Under such local
law, certain disclaimers and limitations of this Warranty Statement may not
apply to the customer. For example, some states in the United States, as well
as some governments outside the United States (including provinces in Canada),
may preclude the disclaimers and limitations in this Warranty Statement from
limiting the statutory rights of a consumer (e.g., the United Kingdom);
otherwise restrict the ability of a manufacturer to enforce such disclaimers or
limitations; or grant the customer additional warranty rights, specify the
duration of implied warranties which the manufacturer cannot disclaim, or allow
limitations on the duration of implied warranties.
3. THE TERMS IN THIS
WARRANTY STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE,
RESTRICT, OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS
APPLICABLE TO THE SALE OF TCI PRODUCTS TO SUCH CUSTOMERS.