Limited Warranty Information – Eemax Electric Mini Tank Water
Heaters
Subject to the terms and conditions set forth in this limited warranty, each Eemax
Mini Tank Water Heater is warranted to the original owner (“Owner”) against (i) me
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chanical or electrical failure of any component solely due to defects in materials or
Manufacturer’s workmanship for a period of two years from the date of original pur
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chase 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 Eemax Mini Tank 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 Eemax
Mini Tank Water Heater was manufactured. As Owner’s sole and exclusive rem
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edy, Manufacturer shall, at Manufacturer’s sole election, either repair or replace the
Eemax Mini Tank 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 heat
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er. This limited warranty shall be governed by the laws of the United States.
THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE WARRANTY MADE BY MANU-
FACTURER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EX-
PRESSED OR IMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, BUT NOT LIM-
ITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MANUFACTURER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER’S SOLE AND
EXCLUSIVE REMEDY IS PRODUCT REPAIR OR REPLACED, AS PROVIDED IN THIS LIM-
ITED WARRANTY, AND ALL OTHER CLAIMS FOR DAMAGES ARE EXCLUDED.
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 EEMAX MINI TANK 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.
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