FireRock 3620 Avenue C, Руководство по эксплуатации продукта

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FIREPLACE TERMS AND CONDITIONS
KEEP THIS INFORMATION FOR YOUR RECORDS
5. SECURITY INTEREST As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Fire Rock a lien
on and security interest in and to all of the right, title and interest, to and under the Goods, wherever located, and whether now existing
or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all
proceeds (including insurance proceeds of the foregoing). The security interest granted under this provision constitutes a purchase money
security interest under the Alabama Uniform Commercial Code.
6. CANCELLATIONS, CHANGES AND RETURNS Except as otherwise provided in this Agreement, the order and purchase of the Goods
under this Agreement are not subject to cancellation, change or return unless agreed to in writing by an authorized representative of Fire
Rock. At Fire Rock’s option, Buyer may be charged for any costs incurred by Fire Rock prior to or as a result of such cancellation, change
or return. In the event of any change, Fire Rock shall be entitled to revise its prices and delivery dates to reflect such change.
7. DELAY IN OR PREVENTION OF PERFORMANCE Neither Fire Rock nor Manufacturer shall be liable for any expense, loss or damage
resulting from delay in delivery or prevention of performance caused by fires, floods, storms, acts of God, strikes, labor disputes, labor
shortages, lack of or inability to obtain materials, fuels, supplies or equipment, civil unrest, domestic or international acts of terrorism, riots,
accidents, transportation delays, acts or failures to act of any government or of Buyer, or any other cause whatsoever, provided that such
cause is beyond the reasonable control of Fire Rock or Manufacturer, and Fire Rock and Manufacturer shall have such additional time for
performance as may be reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by such
delay. Acceptance by Buyer of any of the Goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in
delivery of the Goods.
8. WARRANTY AND LIMITATION OF LIABILITIES AND BUYER’S REMEDIES Buyer acknowledges that Fire Rock makes no representation
or warranty with respect to Goods manufactured by Manufacturers; provided, however, Fire Rock may pass through certain Manufacturer
warranties with respect to such Goods. As such, The warranty for each respective Good is set forth on Exhibit B, which is incorporated
into this Agreement by reference.
9. LIMITATION OF WARRANTY IF ANY GOOD IS INSTALLED OUTSIDE OF THE PUBLISHED INSTALLATION INSTRUCTIONS, THERE
SHALL BE NO WARRANTY FOR SUCH GOOD.
10. OPERATING WARRANTY SERVICE To obtain warranty service authorization, Buyer must contact the “Fire Rock Technical Service De-
partment” in writing at 1500 1st Avenue North #75, Birmingham, AL 35203, or at such address as may be posted at www.firerock.us, within
thirty (30) calendar days after Buyer purchases the Goods from Fire Rock or its authorized distributor. Dated proof of original purchase
from Fire Rock or its authorized distributor will be required. Fire Rock is not responsible for Goods received from Buyer without a warranty
service authorization. To obtain warranty service authorization, Buyer must provide photographic evidence of the claimed defect or have
the Goods inspected by an approved Fire Rock inspector, as determined by Fire Rock. Buyer agrees to permit inspection of the Goods by
an approved Fire Rock inspector. Fire Rock shall, at its sole discretion, decide the place of performance.
11. WARRANTY EXCLUSIVE IF THE GOODS DO NOT OPERATE AS WARRANTED ON EXHIBIT B, BUYER’S SOLE REMEDY FOR BREACH
OF THE WARRANTY SHALL BE REPLACEMENT OR REPAIR OF THE GOODS OR PART OR REFUND OF THE PURCHASE PRICE PAID, AT
EITHER FIRE ROCK’S OR THE MANUFACTURER’S OPTION, AS APPLICABLE AND IN ACCORDANCE WITH THE APPLICABLE WARRAN-
TIES AND DISCLAIMERS SET FORTH ON EXHIBIT B. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND
REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER
IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WARRANTY OF TITLE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A
THIRD PARTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FIRE ROCK NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON
TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THE GOODS.
NEITHER FIRE ROCK OR MANUFACTURER, AS APPLICABLE, SHALL BE LIABLE UNDER THE WARRANTIES SET FORTH IN THIS AGREE-
MENT IF ITS TESTING AND INSPECTION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE GOODS DOES NOT EXIST
OR WAS CAUSED BY BUYER’S OR ANY OTHER PERSON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED
ATTEMPTS TO REPAIR OR MODIFY THE GOODS, NORMAL WEAR AND TEAR, OR ANY OTHER CAUSE BEYOND THE RANGE OF ITS
INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTENING, OTHER HAZARDS, OR ACT OF GOD. THE WARRANTIES SET FORTH HEREIN DO
NOT APPLY WHEN THE MALFUNCTION OR DEFECT RESULTS FROM INSTALLATION OF THE GOODS OTHER THAN IN FULL COMPLI-
ANCE WITH THE GOODS’ INSTALLATION AND SPECIFICATION MANUAL AND LOCAL AND STATE BUILDING CODES, OR THE USE OF
THE GOODS IN CONJUNCTION WITH ACCESSORIES, OTHER PRODUCTS, OR ANCILLARY OR PERIPHERAL EQUIPMENT AND EITHER
FIRE ROCK OR MANUFACTURER, AS APPLICABLE, DETERMINES THAT THERE IS NO FAULT WITH THE ACTUAL GOODS.