Returns and Warranty Information For Salamander Ceramic Elements

Shipping Damage
Shipment Shortages
Warranty
Limitation of Liability
To File a Warranty Claim
Cancellation of Orders and Order Changing Policy for Salamander Ceramic Elements

A very important aspect of our customer service is our response to damaged elements you may receive. Damaged elements are the result of a shipping problem and must be handled differently than defective elements. Please review the following claims procedure for both problems and keep the information at hand for future reference.

Shipping Damage
A UPS representative has examined our current method of boxing elements and packing them for shipment, and found it to be more than adequate for resistance to breakage. We have developed the following claims procedure:

Whenever shipping related damage is discovered, inspect the balance of the box and keep all damaged elements in the original carton along with the packing materials.

Call your to report damage within one week of receipt of the package.

Under terms of the sale, this shipment became the property of the purchaser when it was released to the carrier. Damage to shipments beyond the F.O.B. point is the responsibility of the carrier, and any claim for damage is to be initiated by the purchaser with the carrier.

Obvious Container Damage
Shipments with damaged container(s) are to be brought to the attention of the carrier at the time of delivery.

Concealed Damage
Shipments should be opened promptly upon receipt and thoroughly inspected. Concealed damage should be reported to the local agent of the delivering carrier immediately.

The container(s) and contents of damaged shipments must be made available to the carriers for inspection.

As soon as a determination is made the claim will be either approved or denied.

If approved, the carrier will be billed for the damage and reimbursement will be forwarded to you.

It is IMPORTANT to remember that claims cannot be filed unless the damage is inspected by the original carrier in the original shipping carton. DO NOT return damaged merchandise to either sales office unless authorized to do so.

Shipment Shortages
Each shipment should be examined promptly by the purchaser upon receipt. All claims for losses or shortages must be made to Mor Electric Heating Assoc., Inc. within seven (7) days of receipt of shipment.

Warranty
Mor Electric Heating Assoc., Inc. warrants to the original Buyer that the goods manufactured by Mor Electric Heating Assoc., Inc. shall be free under normal use from defects in material or workmanship, except from normal wear and tear, for a period of time not to exceed twelve (12) months from the date of purchase. This warranty does not extend to future performance. Mor Electric Heating Assoc., Inc.'s obligation under its warranty is limited to the repair or replacement, at Mor Electric Heating Assoc., Inc.'s sole discretion, of those goods sold by Mor Electric Heating Assoc., Inc. to the Buyer that do not satisfy this warranty. The determination of whether a defect exists shall be made solely by Mor Electric Heating Assoc., Inc.. Any shipping cost for returning defective goods shall be paid by the Buyer. No claim for charges incurred in the removal, disassembly or reinstallation of such goods will be allowed.

This warranty shall not cover any goods which have been misused, neglected, damaged by accident, improperly specified, or any goods which have been altered outside Mor Electric Heating Assoc., Inc.'s premises.

Failure of Buyer to give Mor Electric Heating Assoc., Inc. written notice of a breach of this warranty within twenty one (21) days of the appearance of such claim shall constitute a waiver by Buyer of all claims with respect to such goods. In no event shall Mor Electric Heating Assoc., Inc. be responsible for any claimed defect in the goods sold unless written notice identifying such defect shall be received by Mor Electric Heating Assoc., Inc. within twelve (12) months from the date of purchase.

NO OTHER WARRANTY, WHETHER ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE OR AUTHORIZED TO BE MADE BY Mor Electric Heating Assoc., Inc. OR ANY OTHER PERSON.

The above warranty is the sole and exclusive remedy of Buyer against Mor Electric Heating Assoc., Inc..

Limitation of Liability
General Limitation of Liability. The Buyer's remedies against Mor Electric Heating Assoc., Inc. and Mor Electric Heating Assoc., Inc.'s liability shall be limited in accordance to the following paragraph.

Mor Electric Heating Assoc., Inc.'s liability for any and all losses and damages to Buyer or any other person resulting from any breach of any warranty by which Mor Electric Heating Assoc., Inc. may be bound, any damaged or defective goods supplied by Mor Electric Heating Assoc., Inc. (regardless of whether such defect is discoverable or latent), delay or failure to manufacture or deliver, breach of agreement or any other cause whatsoever, including Mor Electric Heating Assoc., Inc.'s negligence, shall in no event exceed the purchase price of the particular goods with respect to which defects, losses or damages are claimed or, at the election of Mor Electric Heating Assoc., Inc., the repair or replacement of defective or damaged goods. IN NO EVENT SHALL BUYER OR ANY OF BUYERS VENDEES OR ANY END USERS BE ENTITLED TO RECOVER ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY COMMERCIAL LOSS OR INJURY TO ANY PERSON, WHETHER OR NOT SAID DAMAGES ARE CAUSED , IN WHOLE OR IN PART, BY ANY DELAY, FAILURE, NONPERFORMANCE OR NEGLIGENCE OF Mor Electric Heating Assoc., Inc..

Indemnification. BUYER AGREES TO INDEMNIFY AND HOLD Mor Electric Heating Assoc., Inc., ITS AGENTS AND EMPLOYEES, HARMLESS from and against any and all claims and causes of action brought against Mor Electric Heating Assoc., Inc. and from any and all damages, losses, expenses, attorney's fees, costs and liabilities sustained by Mor Electric Heating Assoc., Inc. arising out of any claimed defect in the goods and services supplied by Mor Electric Heating Assoc., Inc. and any claimed improper manufacture, design, design drawings, specifications, materials or repairs provided by Mor Electric Heating Assoc., Inc.. BUYER'S OBLIGATION UNDER THIS PARAGRAPH SHALL INCLUDE THE OBLIGATION TO INDEMNIFY AND HOLD SELLER HARMLESS FOR Mor Electric Heating Assoc., Inc.'s NEGLIGENCE, WHETHER ACTIVE, PASSIVE CONCURRENT OR OTHERWISE, IN THE PERFORMANCE OF ITS OBLIGATIONS.

To File a Warranty Claim:
1. Call us immediately with a detailed description of the problem.
2. Have the invoice number or purchase order number available.
3. Replacement elements can be sent immediately if needed in most cases.
4. Return elements to either sales office only if authorized to do so.
5. The factory will examine the damaged element to determine the defect.
6. A report will be issued to you.

The most important thing to remember, since we are dealing with a large volume of fragile items handled by a variety of people in a variety of ways, is to respond quickly to report damage and to evaluate accurately if it is a result of shipping or manufacturing. It should be noted that Mor Electric Heating Assoc., Inc. does not reimburse for any unauthorized labor involved in the replacement of our heaters.

Cancellation of Orders and Order Changing Policy for Salamander Ceramic Elements
1. SCOPE - Orders are not subject to cancellation or change in specifications, shipping schedules or other conditions originally agreed upon without Seller's written consent and then only upon agreement to compensate Seller for loss caused by such cancellation or changes.

2. CANCELLATION REQUESTS - All verbal requests must be verified by fax or written letter and should include customer purchase order number, part number, quantity ordered, and the reason for the cancellation or change.

3. TERMS -
Stock Items
a. Cancellations or changes cannot be made on stock items already shipped. A 10% restock will be charged for the return of these items, with freight charged to the customer.

Non-Stock Items
a. Any item may be canceled at no charge up to 24 hours of receipt of order, except rush orders.

b. Non-stock items ordered but not as yet entered the production stage may be changed or canceled for a charge of 25% customer's net value or $100.00 whichever is greater.

c. Manufactured items entered into the formal stage of production or already shipped may not be returned, changed, or canceled.

4. ACCEPTANCE - On acceptance of the cancellation or change, charges will be assigned and communicated to the customer. The order will be canceled or changed and the customer will be invoiced for any charges incurred.