It is the OWNER’S RESPONSIBILITY to establish:

• 1. the date of the original installation of the Product;
• 2. the name of the original purchaser;
• 3. the name of the installer;
• 4. that the Product was installed according to manufacturer’s instructions; and
• 5. that the Product was properly cleaned and serviced once each year by a licensed chimney sweep.

DISCLAIMERS AND EXCLUSIONS

The following shall be applicable to the Products of Metal-Fab Inc. described above:

• 1. THE WARRANTY SET FORTH ABOVE CONSTITUTES METAL-FAB INC.’S EXCLUSIVE WARRANTY WITH RESPECT TO THE PRODUCTS DESCRIBED ABOVE. EXCEPT FOR THE EXPRESSED WARRANTY SET FORTH ABOVE, METAL-FAB INC. MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH SUCH PRODUCTS AND ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• 2. The sole and exclusive remedy against Metal-Fab Inc. shall be for the repair or replacement of a defective Product as provided hereinabove. NO OTHER REMEDY (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. The sole purpose of the stipulated exclusive remedy provided for herein shall be the repair and/or replacement of defective Product in the manner provided hereinabove. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Metal-Fab Inc. is willing and able to repair or replace a defective Product in the prescribed manner.
• 3. The owner shall not be required to deliver a defective Product to Metal-Fab Inc. if:
  • (a) The Product was destroyed as a result of its defect or any defect in any part covered in this warranty; and
  • (b) Metal-Fab Inc. is reasonably satisfied that the Product was defective at the time of sale.
  If both of these conditions are met to Metal-Fab Inc.’s satisfaction, it will replace the Product in the same manner provided herein as if the owner or purchaser had delivered it to Metal-Fab Inc.
• 4. The owner acknowledges that no oral statements purporting to be warranties, representations, or guarantees of any kind about any product of Metal-Fab Inc. have been made to owner by Metal-Fab Inc., by the original purchaser if different from the owner, or by its dealer which in any way expands, alters or modifies the terms of the warranty set out herein. Any such statements do not constitute warranties, shall not be relied on by the owner, and are not part of the contract of sale. This writing constitutes a complete and exclusive statement of the terms of any warranty, express or implied, of Metal-Fab Inc.
• 5. There is NO WARRANTY for any defective Product of Metal-Fab Inc. which has been removed from its original installation site or which, in the judgment of Metal-Fab Inc., arises from misuse, mishandling, neglect, flood, lightning, corrosive atmosphere, improper installation of the Product, improper servicing of the Product, unauthorized modification of the Product, improper fuel supply to the Product, or the failure of the installer to properly install or service the Product as is set out in the installation instructions.
• 6. There is NO WARRANTY for any defect or damage to Product resulting from operation of gas or other fuel fired appliances that result in excessive condensation causing a corrosive exposure to the Product. For such applications, stainless steel liners fabricated with AL29-4C or other highly corrosion resistive metal shall be required.
• 7. Some states do not allow the exclusion or limitation of consequential, incidental or special damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.