Warranty and Terms of Purchase:
This Terms of Purchase Agreement sets forth UHI Worldwide Inc.’s (“UHI”) standards for the advertising, marketing, distribution, or use of its products. By implementation of any and all procurement order and/or completion of monetary transaction against an Invoice for UHI products, you and/or your Company (the “Purchaser”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all use and/or purchase of UHI’ s products.
All UltraHeat brand of RV Heaters and heating items we manufacture carry a limited warranty under normal use against manufacturing defects from workmanship and material defects for up to one (1) year from the date of original purchase. This Limited Warranty covers only those defects which occur or exist within the one (1) year period referenced above. Any modification of UHI products, from original design and/or intended use, or improper installation shall VOID all warranties.
As of July 01, 2019; UltraHeat RV dedicated heat panels purchased will have their Limited Warranty expanded to the period of Life Time once registered online.
A stated exception in the stated warranty; Loss of product adhesion, while the proprietary adhesives used in UltraHeat’s panels are designed to last for decades, proper installation surface preparation is solely in the hands of the installer and outside of the control of UHI. Even if properly dressed, the mounting surface itself may undergo continuing change that could affect the adhesive properties. “Goodwill” replacement of the product under this issue is at the sole consideration of UHI.
If any item is deemed to be covered under the Limited Warranty, UHI’s obligations are limited to replacing the item itself at no additional cost.
An RGA (Returned Goods Authorizing) number is required prior, for all items returned for warranty consideration. Issuance of an RGA does not constitute an automatic issuance of credit or replacement; it allows the tracking of items being returned for testing and inspection. Returned items must include the original product label attached with the serial number clearly legible, along with a copy of the original sales recept.
Disclaimer of Warranties.
UHI MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. UHI DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
To the extent that applicable state and/or federal law prohibits the exclusion of any remedy permitted under state, federal, or international law, any such remedy, including, but not limited to, implied warranties of merchantability, fitness, use, or purpose, is limited to one (1) year from the date of the original purchase.
Limitation of Liability.
IN NO EVENT SHALL UHI BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING REIMBURSEMENT FOR SERVICE CHARGES, INSPECTIONS, REPAIRS, INBOUND SHIPPING, LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Purchaser agrees to put forth its best efforts to actively and diligently promote the sale of UHI’s products. Purchaser shall advertise itself as an authorized agent of UHI’s products. All advertised pricing associated with the Purchaser, printed or digital, may NOT be lower than Manufacturer’s Suggested Retail Price values as published by UHI, without prior written permission of an authorized officer of UHI.
All advertising of any products contained within a current Sales Order, Invoice, or future purchases of UHI products that the Purchaser either has direct control or association with shall contain and reference UHI, its trademarks, trade names, and logos. Purchaser is granted the right to use product trademarks, trade names, and logos in advertising, but only where such advertising directly refers to the products or states the fact that the Purchaser is a distributor for such products on behalf of UHI. Such advertising must reference these marks as proprietary to UHI. Purchaser will not advertise in any publication or communications medium that could damage the goodwill of UHI. Purchaser shall not remove, alter, or otherwise modify any identification marks or trademarks affixed by UHI to products.
Compliance with Laws.
Purchaser assumes all knowledge of applicable laws and is responsible for compliance with any such laws. Purchaser may not advertise market, distribute, or use UHI’s products in any way that violates applicable state, federal, or international laws, regulations, or other governmental requirements.
UHI shall not be liable for damages resulting from delays in shipment or inability to ship due to normal production and shipment delays or those resulting from acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown or equipment failure, voluntary or involuntary compliances with any law, order, rule or regulation of governmental agency or authority; or inability to obtain material, equipment or transportation, or arising from any other contingency, circumstances or event beyond the control of the UHI.
UHI reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately, upon publication. Your continued marketing, sale and/or use of UHI products after amendments are posted or received constitute an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
This Agreement constitutes the entire agreement and understanding between UHI and Purchaser with respect to the subject matter hereof and supersedes and terminates all other prior commitments, arrangements, or understandings, both oral and written between the parties with respect thereto.
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
Effect of Waiver.
No waiver by UHI or the Purchaser of any provision of this Agreement shall be deemed a waiver of any other provision hereof. None of the terms of this Agreement shall be deemed to have been waived or altered by any act or acquiescence on the part of either party unless such waiver or alteration is in writing and signed by officers of UHI and the Purchaser.
Forum Selection and Applicable Law.
Any legal action related to or arising out of this Agreement shall be brought only in the United States District Court for the Northern District of Indiana, South Bend Division, or in a state court in Elkhart or St. Joseph Counties, Indiana. If such legal action is initiated in any other court, than the parties will voluntarily agree to have such action transferred to or re-filed in the United States District Court for the Northern District of Indiana, South Bend Division, or in a state court in Elkhart or St. Joseph Counties, Indiana. This Agreement will be governed by the laws of the State of Indiana without regard to its conflict of law provisions.