This warranty shall not apply to any fuel cell that has been:
- specified by EMC/TCS as having no warranty at the time of sale or return to service
- subjected to accident, damage, negligence, or misuse
- repaired or altered by others in any manner subsequent to the date of purchase or service from EMC/TCS
EMC/TCS may, at its discretion, warranty cells that fall under the above limitations.
The exclusive remedy for the above warranties shall be limited to either a credit up to the amount paid to EMC/TCS for the repair work or fuel cell, or the repair or replacement of the fuel cell at EMC/TCS’s discretion, when the following conditions have been met:
All FAA-PMA and Major Overhauled fuel cells must be shipped prepaid to Eagle Fuel Cells (EFC), 617 Skyway Taxiway, Eagle River, WI 54521 with proof of purchase from EFC, such as a copy of the invoice or release statement, and a description of the reason for the return.
All other fuel cell returns manufactured by EMC/TCS must be shipped to: Eagle Manufacturing Corporation, 853 Adams Rd, Eagle River, WI 54521 with proof of purchase from EMC/TCS, such as a copy of the invoice or release statement, and a description of the reason for the return.
All charges pertaining to the fuel cell not covered under this warranty shall be the responsibility of the purchaser.
Limitation of Liability
There are no other warranties or representations by EMC/TCS of any kind, expressed or implied, and no such warranties shall be implied by law.
These warranties do not cover any labor charges including but not limited to the cost of removal or installation. Except as to any liability which may be established under the limited warranty and remedy set forth above, EMC/TCS expressly disclaims any liability under any theory of law, including, but not limited to, direct, indirect, special, incidental, or consequential damages of any nature, negligence and strict liability in tort.
In no event shall EMC/TCS be liable for injury to any person for any claim of damage.