630298_3 EF5000 Installation Guide - US
3.1.10 Cost of travel if the fireplace is installed further than the distance from the nearest service centre as specified
in the appendix.
3.1.11 Subjective factors (e.g. like noise or smell) that have been investigated by Escea (or their technicians) and
confirmed to be within normal operational parameters;
3.1.12 Any differences in fireplace appearance from Escea promotional images that is due to printing limitations,
environmental factors or gas type.
3.1.13 Damage caused by water entering the Escea indoor products;
3.1.14 Any consequential damage (refer to section 4);
3.2 No dealer, distributor, or similar person has the authority to warrant Escea products beyond the terms contained
in this warrantee.
3.3 This warrantee is automatically voided if the appliance’s serial number has been removed or altered in any way.
4. LIMITATION OF REMEDIES:
4.1 TO THE EXTENT PERMITTED BY LAW:
4.1.1 This limited warrantee, and the remedies set forth above, are exclusive and in lieu of all other warrantees,
remedies and conditions, whether verbal or written, statutory, express or implied.
4.1.2 Escea specifically disclaims any and all statutory or implied warrantees and conditions, including, without
limitation, warrantees of merchantability, fitness for a particular purpose and warranties against latent
defects.
4.1.3 Except as provided herein, Escea is not responsible for direct, special, incidental or consequential loss or
damages resulting from any breach of warrantee or condition, or under any other legal theory, including but
not limited to the loss of any of the following: use; revenue; actual or anticipated profits (including loss of
profits on contracts); use of money; anticipated savings; business; opportunity; goodwill; reputation; any or
indirect or consequential loss or damage howsoever caused including the replacement or equipment and
property.
4.1.4 Some states in Canada and in some States in the United States do not allow the exclusion of incidental or
consequential damages, so the above limitation may not apply to buyer.
5. How to make a warrantee claim
5.1 To make a claim under this warrantee, follow the process outlined in the appendix.
5.2 To make a valid claim under this warrantee, you must:
5.2.1 Lodge the claim with us as soon as you first become aware of the breakdown;
5.2.2 Provide us with the Escea product serial number;
5.2.3 Provide us with reasonable proof of purchase for the Escea product; and
5.2.4 If required by us, provide us (or any person nominated by us) with access to the premises at which the Escea
product is located at times nominated by us (so that we can inspect the Escea product).
6. Warrantee claims
6.1 If you make a valid claim under a parts and labor warrantee and none of the exclusions set out in section 3 and
clauses 2.2-2.5 apply, Escea will, at Escea’s election, either:
6.1.1 Repair the relevant part of the Escea product; or
6.1.2 Replace the relevant part of the Escea product with a product of identical specification (or where the product
is superseded or no longer in stock, with a product of as close a specification as possible).
6.2 If you make a valid claim under a parts only warrantee and none of the exclusions set out in section 3 and clauses
2.2-2.5 apply, we will, at our election, repair or provide a replacement part at no cost. Installation of that part is
not covered under a parts only warrantee.
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