15
Jeremias INSTALL_HT
Rev: 3/26/19
Jeremias 25 Year Warranty
I. 1-Year Limited Warranty
Jeremias Inc. (“Jeremias”) provides a 1
-
year limited warranty (“1
-
Year Limited Warranty”) for its
UL-103 HT Chimneys, all variations of Model HT
(collectively, the “Products”) for any defect in workmanship or materials under normal use
from the date of shipment to the purchaser of Products
(“Purchaser”), subject to the following conditions:
•
Product sizing and specifications have been performed in accordance with generally accepted engineering practices.
•
Correct installation and maintenan
ce in full compliance with Jeremias’ installation and maintenance instructions as published at the time of
installation.
II.
Extended 25-Year Limited Warranty
Jeremias provides for an extended 25-
year limited warranty (“25
-
Year Limited Warranty”) for any d
efect in workmanship or materials under normal use
(excluding termination caps) from the date of shipment to the Purchaser, transferable to subsequent purchasers of the home or building during the
described term of the warranty and subject to the satisfaction of the following conditions:
•
Product will be installed by a chimney or venting professional familiar with standard chimney practice, fire codes and the Jeremias installation
instructions or an inspector authorized by Jeremias, that the Product assembly and installation conformed to al
l of Jeremias’ assembly and
installation instructions.
•
Products were at all times operated and maintained in full compliance with Jeremias’ operation and maintenance instructions a
s published at the
time of installation or as later provided to Purchaser by Jeremias.
III.
Exclusion of Limited Warranty
The 1-Year Limited Warranty and the 25-
Year Limited Warranty (collectively the “Limited Warranty”) shall not cover (i) Product deviations which do
not effect functionality; or (ii) damages caused by: contamination of ambient air or combustion air by chlorinated hydrocarbons or other vapors which
may cause excessively severe acid condensate to form within the Products; merchandise provided by other manufacturers; installation, transport or
start up; Purchaser, and installer or other third parties; normal wear and tear; any party other than Jeremias in a willful manner; force majeure, including,
but not limited to flood, fire or frost; non-compliance with the assembly, installation, operation and maintenance instructions available at
www.JeremiasInc.com; assembly, installation, maintenance or repair by unqualified personnel; improper start up; use of Products not in accordance
with their intended purpose; exposure of Products to any metals of an inferior quality; contamination of the Products between unpacking and assembly;
burning of wood other than unpainted, natural wood, which has been stored for at least 3 years and which moisture level does not exceed 20%; or
burning of chipboard or domestic waste.
IV.
Remedies
If a valid Limited Warranty claim arises, Jeremias shall, it its sole discretion, either repair the Product or deliver a properly functioning Product. This
Limited Warranty is limited to repair or replacement of the Product plus shipping cost to the location of the defective Product. The Limited Warranty
does not cover labor costs for removal or replacement of the defective Product, unless such labor shall be carried out by Jeremias itself in its sole
discretion.
V.
Filing of a Limited Warranty Claim
Limited Warranty claims may only be asserted during the term of the applicable Limited Warranty period. Any extension of the term of the Limited
Warranties shall be excluded, regardless of the legal basis. If Purchaser believes that there is a justified Limited Warranty claim, Purchaser shall notify
Jeremias to that effect in writing. Any claims stemming from or relating to a Limited Warranty shall be asserted in detail within eight weeks after the
discovery of the defect (the time when the notification is received by Jeremias will be the basis for determining whether a claim has been reported
within this deadline) or else shall be excluded and not be recognized by Purchaser. Such notification shall include a description of the defect, original
proof of purchase, and a copy of the written inspection report as described in Section II above (if applicable).
VI.
No Other Warranty
EXCEPT AS SET FORTH EXPRESSLY THEREIN, JEREMIAS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE
PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
VII.
Damages Disclaimer and Limitation
IN NO EVENT SHALL JEREMIAS BE LIABLE TO ANY CLIENT OR ANY OTHER PERSON FOR ANY (A) INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL OR (B) DIRECT DAMAGES TO BODY, HEALTH OR
PROPERTY FOR ANY MATTER ARISING OUT OF OR RELATING TO THE PRODUCTS, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF JEREMIAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL JEREMIAS’ TOTAL AGGREGATE LIABILITY FOR DAMAGES EXCEED THE GREATER OF THE AMOUNT OF (A) TOTAL
COMPENSATION PAID BY PURCHASER TO JEREMIAS FOR THE PRODUCTS, OR (B) PROCEEDS AVAILABLE FROM ANY INSURANCE
POLICY IN EFFECT AND APPLICABLE TO THE EVENT GIVING RISE TO SUCH LIABILITY.
VIII.
Notice
Any notice or other communication hereunder to Jeremias shall be sent postage prepaid, by certified mail, by courier such as United Parcel Service
or e-mail, to the following: Jeremias Inc., 983 Industrial Park Drive, Marietta, GA 30062, E-mail: [email protected]. Notices shall be effective
upon receipt.
IX.
Terms and Conditions of Sale
Purchaser’s Terms and Conditions of Sale as currently
in effect shall govern these Limited Warranties, including without limitation the rights and
responsibilities granted hereunder.
