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Newmac NS220E - Newmac Wood-Stove Limited Warranty; Warranty Terms, Exclusions, and Claims

Newmac NS220E
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31
NEWMAC EPA WOOD-STOVE LIMITED WARRANTY
Model:
Serial No:
Date of Installation:
1. WARRANTY. Effective September, 2004, vendor warrants, upon and subject to the following terms and conditions, that, if items
of the GOODS, identified above, manufactured by it and sold as new are found to be defective in workmanship or material prior to the
end of the period (the "Vendor's Warranty Period"), which is five (5) years from date of installation, Vendor shall, within a reasonable
time, at Vendor's option, either repair the Goods, provide a replacement part or parts (which may be reconditioned) for the Goods,
refund the purchase price of the Goods without interest upon return of the Goods, exchange other goods for the Goods or grant a
reasonable allowance on account of any defect. Any installation, labour, construction, transportation or other related costs or
expenses arising from defective parts or repair or replacement will not be covered by this warranty, nor will Vendor assume
responsibility therefor. Notwithstanding the foregoing, the following are special exclusions from the foregoing warranty: (a) decorative
trim pieces, fans, electrical parts, internal parts and refractory have a warranty of 90 days. Vendor makes no warranty with respect to
damage caused by any of the following: (a) improper operation and/or improper installation; (b) failure to remove plastic protective
covering; (c) use of acidic or abrasive cleaners; (d) mortar or any other building material; (e) scratching or denting during installation;
(f) exposure or storage in a non-controlled environment; (g) tampering, (h) down drafts or spillage caused by environmental conditions
such as nearby trees, buildings, roof tops, hills or mountain, or (I) inadequate ventilation or negative air pressure caused by
mechanical systems such as furnaces, fans and clothes dryers. Vendor makes no warranty with respect to Goods sold by it as used
goods or with respect to components of the Goods or accessories of the Goods which are not manufactured by Vendor but, in the
event that such components are the subject of a warranty by the manufacturer thereof in favour of Vendor, Vendor hereby assigns to
Purchaser to the fullest extent possible the benefit of any such warranty.
Vendor's obligations under this warranty are conditional on Purchaser demonstrating that the Goods have been stored, assembled,
installed, maintained and operated only in accordance with the instructions issued by Vendor and with standard industry practice, and
on Purchaser notifying Vendor in writing of any alleged defect with fourteen days after the alleged defect shall have become
reasonably apparent to the Purchaser and affording Vendor a reasonable opportunity to investigate the alleged defect. No goods
shall be returned to Vendor until after approval by Vendor and receipt by Purchaser or written shipping instructions from Vendor.
Any repair done or any replacement part provided under this warranty is warranted by Vendor only to the expiration of the Vendor's
Warranty Period.
Vendor shall not be responsible under this Warranty for any shipping, insurance, removal or installation cost nor, unless the goods
warranted are defective in workmanship, for any labour costs. Vendor shall charge its usual fees (plus expenses) for any work
(including inspections and repairs), which is not covered by this Warranty.
This warranty is non-transferable, and is made to the original retail purchaser, provided that the purchase was made through an
authorized dealer of the Vendor.
If warranty service is needed contact your dealer. Make sure you have your warranty, your sales receipt, the model/serial number
and inspector number of your Goods.
2. Exclusivity of purchaser's remedies. Except as expressly stated herein, purchaser shall have no remedies, whether in contract,
tort or otherwise, with respect to or in any way arising out of the sale condition or operation of the goods.
3. Exclusion of warranties and exclusion of liability. Except as expressly stated herein, all warranties, conditions, representations
and collateral agreements, express or implied, statutory or otherwise, including without limitation any implied warranty or condition of
merchantability, quality or fitness for purpose are hereby excluded, and vendor shall not be liable, whether in contract, tort or
otherwise for any loss injury expense or damage of any kind whatsoever (including, without limitation, special consequential,
incidental or indirect damages including loss of use, earnings or profits) in any manner resulting, whether or not from negligence,
gross negligence or fundamental breach by vendor, its employees, agents or servants.

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