General Terms and Conditions of Business
Kioto Clear Energy AG Liability Policy
Kioto Clear Energy AG offers a range of integrated collector-storage systems for residential and commercial use. The products are designed by Kioto Clear Energy AG and Heliodyne Corporation is its sole distributor in the United States, selling to retailers and end-users among other clients. This document serves as a statement of our limitation of liability at Kioto Clear Energy AG.
Kioto Clear Energy AG provides a collection of products, and we are responsible for the products being free of defects in materials and workmanship for a period of ten years from the date of the original purchase, subject to the conditions, limitations and exclusions set forth below. This responsibility extends to the first buyer and to any subsequent owner(s) as long as the water heater remains installed at its original place of installation.
This warranty is valid only if the installation and the maintenance of the products are performed by a duly licensed professional (solar contractor, installer, contractor, plumber, HVAC or other solar specialist) and if all such work is documented properly. The installation by a duly licensed solar contractor and the observance of and adherence to all installation instructions is, without exception, a prerequisite for any warranty claim.
Except for the warranties expressed in this agreement, Kioto Clear Energy AG disclaims all other warranties, either express or implied, including implied warranty of merchantability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law.
In no event shall Kioto Clear Energy AG be liable to any buyer of the product, regardless of the form of action, for any incidental, indirect, or special damages or lost profits, of any nature whatsoever. Under no circumstances shall Kioto Clear Energy AG’s arising from or relating to the purchase of this product exceed, in the aggregate, the purchase price for the goods ordered hereunder.
Liability is specifically disclaimed for consequential damages. Consequential damages are losses that are suffered by the customer or other third parties as a result of the failure of a Kioto Clear Energy AG product that was incorrectly installed by any contractor or any other person or for any other reason other than design or manufacturing. These kinds of losses can include physical injury or death and can include damage to real or personal property by fire or other means.
If any of these products is found to be not in accordance with the requirements of this Policy, Kioto Clear Energy AG shall, at its option and at its own expense repair or replace any defective or nonconforming products upon timely (within 90 days of discovery thereof) notification thereof.
This Limited Warranty only covers claims caused by defects in material or workmanship during ordinary use; it does not cover product issues caused by any other cause or reason, including but not limited to misuse, abuse, neglect, acts of God including but not limited to floods, earthquakes, winds, fire, and lightning, or alteration by anyone other than an authorized representative of Kioto Clear Energy AG.
Liability is specifically excluded for damages caused by (i) conditions resulting from a defect in a component or part which is not manufactured by Kioto Clear Energy AG; (ii) water freezing in tanks, pipes, or other product components; (iii) breakage of glass surface of any product component; (iv) conditions resulting from the introduction or injection of harmful chemicals, caustic fluids, or liquids deleterious to stainless steel tubing, including improperly applied or maintained heat transfer fluids or chlorinated pool or spa water; (v) water related corrosion; (vi) excessive pressure; (vii) improper plumbing configurations that do not conform to the installation instructions provided by Kioto Clear Energy AG; (viii) clouding or condensation naturally resulting from temporary intrusions of moisture into the product; (ix) failure to provide reasonable and necessary maintenance in accordance with the manual; or (x) faulty installation including but not limited to mounting, that does not conform to relevant federal, state or local codes and ordinances, good industry practices, or to current applicable diagrams, technical bulletins, or written installation instructions provided by Kioto Clear Energy AG. Further, we are specifically not liable for cosmetic discoloration of the product frame wall, insulation, or glazing over time.
Kioto Clear Energy AG does not offer installation services for its collection, and as such, is not liable for damages occurring during installation or for faulty installation by any party; including professional contractors or the end-users themselves. Further, since we will not be on site, there is no risk that we will cause injury to persons or damages to property resulting from the physical actions of our employees on the customer's site.
We at Kioto Clear Energy AG do not ship the products ourselves and for this reason, we are not liable for the negligence or errors of common carriers that cause damage during shipping that may lead to such injuries or property losses.
With every purchase we provide a User Manual that explains the correct mode of installation, the basic risk of using the product, detailing the ideal use conditions as well as warning of the dangers that accompany improper use. It is the sole responsibility of the customer of any product sold by Kioto Clear Energy AG or its resellers to obtain proper instruction from the User Manual and to always act safely, prudently and with caution while using our products. All warranties are only valid and operative when the User Manual is followed at all times.
Kioto Clear Energy AG and Heliodyne Corporation maintain international insurance for product liability in the sum of $ 1 (one) Million Dollars. Kioto Clear Energy AG’s liability is limited to the company policy described here, that being acts or omissions in the design or manufacturing process.
Purchasers of a Kioto Clear Energy AG product are encouraged to insure themselves for the various exposure they may face as a result of fire or other on site-loss. Typically architects, designers, building contractors, property management companies and other such parties are insured for such potential losses.