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Subject to the terms and conditions set forth in
this limited warranty, each Tankless Water Heater is
warranted to the original owner ("Owner") against
(i) mechanical or electrical failure of any component
solely due to defects in materials or Manufacturer's
workmanship for a period of one year from the
date of original purchase and (ii) leaks solely
due to defects in materials or Manufacturer's
workmanship for the later of (x) five years from the
date of original purchase or (y) the date of Owner's
occupancy of a new dwelling in which the Tankless
Water Heater is installed. However, if Owner
cannot document the original date of purchase
with the original sales receipt, then the limited
warranty period begins on the date the Tankless
Water Heater was manufactured. As Owner's
sole and exclusive remedy, Manufacturer shall,
at Manufacturer's sole election, either repair or
replace the Tankless Water Heater or the defective
portion of such product. Manufacturer is not liable
for any costs incurred by Owner, including, without
limitation, the cost of any labor. Manufacturer's
maximum liability is limited to the value of the
water heater. This limited warranty shall be
governed by the laws of the United States.
THE LIMITED WARRANTY SHALL BE
THE EXCLUSIVE WARRANTY MADE BY
MANUFACTURER AND IS MADE IN LIEU
OF ALL OTHER WARRANTIES, STATUTORY,
EXPRESSED OR IMPLIED (WHETHER WRITTEN
OR ORAL), INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OR MERCHANTABILITIES
AND FITNESS FOR A PARTICULAR PURPOSE.
MANUFACTURER EXPRESSLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE,
AS WELL AS ALL OTHER EXPRESS OR IMPLIED
WARRANTIES NOT EXPRESSLY PROVIDED
HEREIN. OWNER'S SOLE AND EXCLUSIVE
REMEDY IS PRODUCT REPAIR OR REPLACED,
AS PROVIDED IN THIS LIMITED WARRANTY,
AND ALL OTHER CLAIMS FOR DAMAGES ARE
EXPRESSLY EXCLUDED.
LIMITED WARRANTY INFORMATION -
TANKLESS ELECTRIC WATER HEATERS
For EcoSmart
Tankless Electric Water Heaters
®
THE REMEDIES SET FORTH IN THIS LIMITED
WARRANTY ARE THE ONLY REMEDIES
AVAILABLE TO OWNER OR ANY PERSON
FOR BREACH OF ANY COVENANT,
DUTY OR OBLIGATION ON THE PART OF
MANUFACTURER. MANUFACTURER IS NOT
LIABLE TO OWNER OR ANY THIRD PARTY FOR
ANY LOSS, PERSONAL INJURY OR PROPERTY
DAMAGE, DIRECTLY OR INDIRECTLY, ARISING
FROM THE TANKLESS WATER HEATER. UNDER
NO CIRCUMSTANCES IS MANUFACTURER
LIABLE TO OWNER OR ANY THIRD PARTY
FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL,
CONTINGENT, OR PUNITIVE DAMAGES OF ANY
DESCRIPTION, WHETHER ANY SUCH CLAIM
BE BASED UPON WARRANTY, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER
TORT, OR OTHERWISE.
Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the
above limitation or exclusion may not apply to
Owner. In such cases, the warranty shall be limited
to one year from the original date of purchase or
date of manufacture, as provided in this limited
warranty, or the shortest period allowed by law.
This warranty gives Owner specific legal rights and
Owner may also have other rights which may vary
from state to state.
EXCLUSIONS OF COVERAGE FROM THIS
LIMITED WARRANTY
1) Manufacturer is not liable for any water
damage or other damages arising, directly
or indirectly, from any defect in the Tankless
Water Heater component part(s) or from its
use.
2) Manufacturer is not liable under this limited
warranty or otherwise if:
(a) | The water heater or any of its component
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parts have been subject to misuse, abuse,
alteration, neglect or accident; or
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