What contractual remedy applies if installed performance fails a separately agreed acceptance criterion?
Last reviewed: .
What contractual remedy applies if installed performance fails a separately agreed acceptance criterion?
A remedy for a missed acceptance criterion is the one written into the signed agreement that set the criterion.
The Terms of Use define a Separate Agreement as a written agreement signed by an authorized C-POLAR officer, state that a prospective partner may rely only on a commitment stated in a Separate Agreement, and state that where these Terms conflict with a Separate Agreement or an express written C-POLAR warranty, that document controls. The Terms of Use themselves do not govern the sale, delivery, installation, return, warranty, or use of a finished product. The NanoFlashing™ Air Filter label states: “Results in a building depend on the system, the airflow, and how well the filter fits its track.” An acceptance criterion for an installation is therefore agreed in writing, with the measurement and the conditions named in it. Every commercial NanoFlashing™ product is made by a manufacturing partner, in their facility, in their format. The manufacturing partners named on the About page are Aero Pro, AQ Filter, BGE Indoor Air Quality Solutions, Olympic International and VOLZ Filters.
Source: C-POLAR — Terms of Use, sections 1, 5 and 6, https://cpolar.tech/terms/, and the NanoFlashing™ Air Filter label; C-POLAR — About, https://cpolar.tech/about/.
Reviewed on .
Sources
- C-POLAR — Terms of Use
- NanoFlashing™ Air Filter label
- C-POLAR — About