Warranty Policy – Bergstrom Electrified Systems and Parts

Bergstrom Inc.’s warranty for Bergstrom Electrified Systems and Parts is defined below.

In the event a System or Part is found with a quality defect prior to installation or in-service date, please contact your Bergstrom customer service representative for a return goods authorization (RGA) and instructions for returning the defective part.

1. Definition of Product(s)

1.1 Bergstrom Electrified Systems (BES) include but are not limited to units and parts under the Bergstrom label. For purposes of this Warranty Policy, the term Electrified Systems or Electrified Parts shall refer to all units and parts sold by Bergstrom to the Customer.

2. Product Warranty

2.1 Subject to Section 3, Bergstrom warrants that for the warranty period specified below, the Unit(s) or Part(s) sold by Bergstrom to the Customer shall:
  2.1.1 be free of defects in design materials and workmanship; and
  2.1.2 be free from liens or encumbrances.

2.2 The warranty period (“Warranty Period”) is set forth in Table A below and shall commence from the date of original installation:

Table A

2.3 Any repair or replacement of the Unit(s) or Part(s) pursuant to Bergstrom’s warranty will not extend the Warranty Period.

2.4 The warranty is the sole property of the original owner-user-consumer and is not transferable. A transfer of ownership shall terminate/void any remaining warranty.

2.5 For certain products, all warranty is null and void unless the warranty registration is completed online (https://warranty.bergstrominc.com) within thirty (30) days of the installation date.

3. WARRANTY DISCLAIMER FOR COVERED PARTS AND WARRANTY EXCLUSIONS

3.1 THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 2 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY FOR THE PARTS EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY AGREEMENT.

3.2 The express limited warranty set forth in Section 2 shall not extend or apply to:

  3.2.1 any Part which has been inadequately maintained or shelf-preserved, subjected to contamination, improper or negligent handling, installation, assembly, tampering, unauthorized disassembly, misuse, or abuse;
  3.2.2 any Part which was subject to lack of proper maintenance or service by the end-use customer;
  3.2.3 any Part failure caused, in whole or in part, by any replacement or aftermarket component not designed, manufactured, or approved by Bergstrom; or
  3.2.4 normal wear and tear of any Part(s) or normal maintenance items or consumable parts or components including but not limited to belts, hoses, compressor shaft seals, gaskets, clutch and compressor bearings, valves, receiver driers, chemicals, oils, bulbs and filters.
  3.2.5 any Part, which shall have been installed contrary to recommended installation practice in any way or shall have been used in conjunction with non-Bergstrom components, so as, in Bergstrom’s judgment, to adversely affect its operation.
  3.2.6 all other vehicle components which are excluded from this warranty including, but not limited to, standard vehicle Heating, Ventilating and Air-Conditioning (HVAC) components, the batteries*, optional fuel operated heater**, optional block heater**, optional inverter or inverter/charger combo***.

* Trojan batteries are warranted by manufacturer. For warranty information, call 800.423.6569.
** Eberspächer heaters are warranted by manufacturer. For warranty information, call 800.387.4800.
*** Tundra inverters and/or chargers are warranted by the manufacturer. For warranty information, call 877.964.2582.

4. LIMITATION OF LIABILITY FOR COVERED PRODUCTS

4.1 IN NO EVENT SHALL BERGSTROM BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR FOR ANY LOST PROFITS RESULTING FROM DEFECTS OR NONCONFORMITIES IN ANY PART(S) OR FROM ANY BREACH OF THIS WARRANTY AGREEMENT, INCLUDING, BUT NOT LIMITED TO COSTS OF TOWING, SHIPMENT OF THE REPLACEMENT PART, RENTAL EXPENSE, DOWNTIME OR EXPENSE RELATED TO THE DOWNTIME OF THE PART OR VEHICLE IN WHICH IT IS INCORPORATED, DAMAGE TO VEHICLES OR VEHICLE CONTENTS OR CARGO, OR DAMAGES DUE TO REMOVAL OF THE PART(S) OR IN THE INSTALLATION OF THE REPAIRED OR REPLACED PART(S), REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE CUSTOMER ADVISED BERGSTROM OF THE POSSIBILITY OF SUCH DAMAGES.

5. Reimbursement For Warranty Claims

5.1 Subject to the warranty terms set forth in this Warranty Agreement, and as the Customer sole and exclusive remedy for any breach of warranty with respect to the Part(s), Bergstrom shall reimburse the Customer for warranty claim costs where Bergstrom determines that they are responsible as follows:

  5.1.1 Material costs at price sold by Bergstrom to the Customer.
  5.1.2 For service parts, warranty reimbursement shall be limited to the purchase price paid by the Customer to Bergstrom for the defective or nonconforming warranted parts.

5.2 For each warranty claim and reimbursement request, a separate claim number and “Request for Warranty” form must be issued for each individual vehicle repaired. Warranty claims must be submitted on Bergstrom’s warranty portal https://warranty.bergstrominc.com and the Customer shall automatically return the failed part(s) to Bergstrom within thirty (30) days of repair. The return freight will be prepaid by the customer and only reimbursed if the claim is approved by Bergstrom.

5.3 Bergstrom agrees to respond to all warranty claims within thirty (30) days of the date when (a) such claim is presented or (b) failed parts are returned to Bergstrom, whichever is later.

5.4 Bergstrom’s reimbursement for warranty claims is due within thirty (30) days of the final determination of responsibility.

5.5 The warranty and reimbursement remedy set forth herein is expressly conditioned upon:

  (a) payment of the purchase price of the Part(s) in full;
  (b) the Customer providing Bergstrom written notice of the defect or nonconformity within 60 days from the time when the Customer discovered or ought to have discovered the defect or nonconformity;
  (c) the storage, installation, assembly, operation, use, and maintenance of the Part(s) in compliance with Bergstrom’s written instructions;
  (d) the presence of the original serial number or warranty date decal on the Part(s), unaltered and in its original condition; and
  (e) the return of any Part(s) to Bergstrom.

6. Term and Applicability of Warranty Policy

6.1 Provisions related to warranties, remedies and liability with respect to Parts sold by Bergstrom to the Customer under this Warranty Policy may not be amended, modified or supplemented in any way except through a written agreement, signed by both parties, and which acknowledges that it modifies this Warranty Policy.

6.2 The Parties further agree that this Warranty Policy sets forth the entire agreement and understanding of the Parties with respect to the warranty-related subject matter herein. There are no promises, terms, conditions, or obligations, oral or written, expressed or implied with respect to such subject matter, other than those contained in this Warranty Policy, and neither Party shall be entitled to rely on any agreement, understanding, or arrangement with respect to warranties on Parts sold by Bergstrom to Customer that are not expressly identified herein.

7. Governing Law

7.1 This Warranty Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Should any limitation of liability or indemnity provision herein be held by a court of law or relevant tribunal to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired thereby.