C E N T R I F U G A L H E A T E R - C S A
Chief Industries, Inc. 800-359-7600 WARRANTY - 416274
Page 46
5.
Exceptions and Exclusions
. Anything herein to the contrary notwithstanding, the warranties
set forth in Section 2 above do
not
cover any of the following, each of which are hereby
expressly excluded:
A.
Defects that are not discovered during the applicable Warranty Period;
B.
Defects that are not reported to the Chief Agri/Industrial Division Customer Service
Department in conformity with the notice procedure set forth in Section 4 above within
the applicable Notice Period specified in Section 3;
C.
Any used or pre-owned Products;
D.
Any Chief manufactured parts that are not furnished as a part of the Accepted Purchase
Order;
E.
Any fixtures, equipment, materials, supplies, accessories, parts or components that have
been furnished by Chief but are manufactured by a third party;
F.
Any Products which have been removed from the location at which they were originally
installed;
G.
Any defect, loss, damage, cost or expense incurred by the Reseller or the Original
Owner to the extent the same arise out of, relate to or result, in whole or in part, from
any one or more of the following:
(i)
Usual and customary deterioration, wear or tear resulting from normal use,
service and exposure;
(ii)
Theft, vandalism, accident, war, insurrection, fire or other casualty;
(iii)
Any damage, shortages or missing parts which result during shipping or are
otherwise caused by the Reseller, the Original Owner and/or any third party;
(iv)
Exposure to marine environments, including frequent or sustained salt or fresh
water spray;
(v)
Exposure to corrosive, chemical, ash, smoke, fumes, or the like generated or
released either within or outside of the structure on which the Product is
installed, regardless of whether or not such facilities are owned or operated by
the Reseller, the Original Owner or an unrelated third party;
(vi)
Exposure to or contact with animals, animal waste and/or decomposition;
(vii)
The effect or influence the Product may have on surrounding structures,
including, without limitation, any loss, damage or expense caused by drifting
snow;
(viii) Any Product or portion thereof that has been altered, modified or repaired by
the Reseller, the Original Owner or any third party without Chief’s prior written
consent;
(ix)
Any Product or portion thereof that has been attached to any adjacent structure
without Chief’s prior written approval;
(x)
Any Product to which any fixtures, equipment, accessories, materials, parts or
components which were not provided as a part of the original Accepted
Purchase Order have been attached without Chief’s prior written approval;
(xi)
The failure on the part of the Reseller, the Original Owner or its or their third
party contractors to satisfy the requirements of all applicable statutes, laws,
ordinances rules, regulations and codes, (including zoning laws and/or building
codes);
(xii)
The use of the Product for any purpose other than the purpose for which it was
designed; and/or
