7
WARRANTY
Limited Lifetime Warranty
The Earthcore ECO-Steel factory built chimney (Air-Cooled or Insulated), when installed according to manufacturer’s
instructions, as prescribed by Underwriters Laboratories Standard 103, and when properly and regularly cleaned and
maintained as set forth below, are warranted by Earthcore under normal, residential or commercial use against defects in
material or workmanship of the product for parts only as long as the original consumer owns the chimney system. During
the first ten years of the warranty, Earthcore will provide replacement chimney lengths at no charge. During the balance
of the warranty, Earthcore will provide replacement chimney lengths at 50% of the current retail price in effect at the time
of the warranty claim. The defective part(s) must be returned with all transportation charges prepaid by the owner to the
Customer Service Department, C/O Earthcore 6899 Phillips Industrial Blvd., Jacksonville, FL. 32256. Earthcore will in turn,
ship the replacement the repaired or replacement part to the owner, freight collect, with the owner to be responsible for all
freight charges. The warranty does not cover any labor or other service charges incurred by the owner, or any parts not
manufactured by Earthcore.
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 those products of Earthcore described above:
1.
The warranty described herein above shall be IN LIEU of any other warranty, express or implied. Except as set
out herein above, there are NO other warranties and any statutory or implied warranty of MERCHANTABILITY
or fitness for a particular purpose is EXCLUDED from this transaction and shall not apply.
2.
The sole and exclusive remedy against Earthcore shall be for the repair or replacement of defective parts as
provided herein above. NO OTHER REMEDY. (Including, but not limited to, incidental or consequential
loss) shall be available. The sole purpose of the stipulated exclusive remedy provided for herein, shall
be the repair and replacement of defective parts in the manner provided herein above. This exclusive
remedy shall not be deemed to have failed of its essential purpose so long as Earthcore is willing and
able to repair or replace defective parts in the prescribed manner.
3.
The owner shall not be required to deliver a defective part to Earthcore, if:
(a) The part was destroyed as a result of its defect or any defect in any part covered in this warranty; and
(b) Earthcore is reasonably satisfied that the part was defective at the time of sale.
If both of these conditions are met to Earthcore’s satisfaction, it will replace the part in the same manner
provided herein as if the purchaser had delivered it to Earthcore.
4.
The owner acknowledges that no oral statements purporting to be warranties, representations, or guarantees
of any kind about any product of Earthcore have been made to owner by Earthcore 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, expressed or implied, of Earthcore.
5.
There is NO WARRANTY for any defective part of an Earthcore product which has been removed from its
original installation site or which, in the judgment of Earthcore, arises from misuse, mishandling, neglect,
chimney fire, flood, lighting, corrosive atmosphere, improper installation of the product, improper servicing
of the product, unauthorized modification of the product, improper fuel supply to the product, or failure to the
installer to properly install or service the product as set out in the installation instructions.
