Limited warranty, Ecr international, inc, Warranty coverage for residential usage – Dunkirk H2OI Stainless Steel Dual Coil Solar Water Heaters User Manual

Page 22: Limitations and exclusions, Miscellaneous, Procedure for obtaining warranty service

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ECR International, Inc.

LIMITED WARRANTY

HYDRONIC BUFFER TANKS & SOLAR HOT WATER STORAGE TANKS

By this Limited Warranty ECR International, Inc. (“ECR”) issues limited warranties from the date of original installation of the

Hydronic Buffer Tank or Solar Hot Water Storage Tank (“Product”) to the person that purchased the new Product directly (a) from

the ECR brand dealer; or (b) in the case of a newly constructed home, from the contractor who purchased such new Product directly

from an ECR brand dealer or wholesaler for installation and use in the newly constructed home (such person in either case referred

to hereinafter as the “Original Purchaser”), subject to the terms and conditions set forth below.

WARRANTY COVERAGE FOR RESIDENTIAL USAGE

The following limited warranty set forth in this section shall apply to only the original installation of the Product in a single-family

dwelling used without interruption by the Original Purchaser as his or her primary residence (“Residential Application”). “Residential

Application” shall also mean usage in a multiple family dwelling provided that the Product services only one (1) dwelling in such

multiple family dwelling.

I. LIMITED ONE YEAR WARRANTY

ECR warrants its Product used in Residential Applications to be free from defects in material and workmanship under normal usage

and service

for a period of one (1) year from the date of original installation. In the event that the Product is found to be defective in

material or workmanship during this one-year period, then ECR will repair or replace, at its option, the defective Product.

II. LIMITED WARRANTY ON STORAGE TANK/HEAT EXCHANGER ASSEMBLY

ECR warrants that the Product’s storage tank/heat exchanger assembly shall be free from leaks during normal usage

and

service

for a period of fifteen (15) years from the date of original installation. In the event that a leak should develop and occur within this

limited warranty period as a result of defective material of workmanship, ECR will replace the Product. During the five (5) year

period from the date of original installation ECR’s replacement of the defective Product shall be without charge. From the sixth (6th)

year from the date of original installation to the fifteenth (15th) year from the date of original installation, ECR’s replacement of the

defective Product shall be made upon payment by the Original Purchaser to ECR of a proportionate charge based upon the time the

Product has been in service.

The proportionate charge will be equal to the appropriate percentage of the list price of such Product at the time the warranty claim

is made and will be determined as follows:

Within the sixth (6th) year through the seventh (7th) year from the original date of installation – sixty percent (60%)

Within the eighth (8th) year through the ninth (9th) year from the original date of installation – sixty-five percent (65%)

Within the tenth (10th) year through the eleventh (11th) year from the original date of installation – seventy percent (70%)

Within the twelfth (12th) year through the thirteenth (13th) year from the original date of installation – seventy-five percent (75%)

Within the fourteenth (14th) year through the fifteenth (15th) year from the original date of installation – eighty percent (80%)

Please Note: If the Product model involved is no longer available due to product obsolescence or redesign, the value used to

establish the list price will be the current retail price of the nearest equivalent Product.

LIMITATIONS AND EXCLUSIONS

1. Under no circumstances will ECR be responsible for any other costs associated with rectifying the defective part or Product,

including, without limitation, costs associated with removing and reinstalling the defective part or Product and/or its replacement part

or Product, and all labor and material costs connected therewith, including, without limitation, costs associated with returning the

defective part or Product to ECR.

2. This Limited Warranty will not be applicable if the Product is (a) used or operated at a pressure over or under its rated capacity;

(b) installed for uses other than home heating; (c) not maintained in accordance with ECR’s recommendation or accepted good

practice as determined by industry standards; or (d) subjected to unauthorized alteration.

3. This Limited Warranty will not be applicable if the Product has been damaged as a result of being improperly installed, serviced or

operated, including, without limitation, operated with insufficient water, allowed to freeze or subjected to flood conditions.

4. In order for this Limited Warranty to be effective (a) the Product must have been assembled in strict compliance with installation

instructions furnished with the Product; and (b) the Product sections must not have been damaged during shipment and installation.

5. ECR shall not be liable for any damages, defaults or delays in performance under this Limited Warranty caused by (a) any

contingency beyond its control, including, without limitation, a shortage or reduced supply of energy or raw materials, freezing, flood,

fire, wind or lightening; (b) the failure of external wiring, piping, or other attachments and accessory products not integral with the

Product; (c) installation, service or operation that is not in compliance with all applicable federal, state and provincial laws or

regulations; (d) misapplication or the use of the Product for purposes other than for which it was designed; (e) the use of parts not

supplied or designated by ECR; (f) failure to maintain the Product free of water sediments or scale deposits; (g) components of a

Product which are not defective, but must be replaced during the warranty period as a result of reasonable wear and tear; (h) failure

of a component, control or component part other than a component part manufactured solely by ECR; or (i) potable water with a Ph

exceeding 8.0 or below 6.0, and/or chloride concentrations exceeding 80 parts per million (ppm).

6. This Limited Warranty in no way can be considered as a guarantee of workmanship of an installer or repairman connected with

the installation or repair of the Product or as imposing on ECR liability of any nature for unsatisfactory performance as a result of

faulty workmanship in the installation or service of the Product, which liability is hereby expressly disclaimed.

7. The furnishing of replacement parts under the terms of this Limited Warranty will apply to the original warranty period and will not

serve to extend such period.

8. This Limited Warranty only applies to Products installed in the United States or Canada.

9. The remedy for breach of this Limited Warranty is expressly limited to the repair or replacement of any part found to be defective

under conditions of normal use, unless otherwise specifically set forth herein, and the remedy for breach of this Limited Warranty,

statutory duty or by reason of tort (including, without limitation, negligence) does not extend to liability for incidental, special or

consequential damages or losses, such as loss for the use of the material, inconvenience or loss of time. The maximum liability of

ECR in connection with the sale of the Product shall not in any case exceed the price of the part claimed to be defective, or the price

of the Product if the entire Product is claimed to be defective. This Limited Warranty is the complete and exclusive statement of

warranty terms in regards to the Product.

10. FOR ALL SALES NOT SUBJECT TO THE MAGNUSON-MOSS WARRANTY ACT THE FOREGOING WARRANTIES ARE

EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR

PURPOSE. FOR ALL OTHER SALES, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY

PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE PERIOD OF THIS LIMITED WARRANTY.

PLEASE NOTE: Some states, provinces and territories do not allow the exclusion or limitation of incidental or

consequential damages, or limitations on how long an implied warranty lasts, so the above limitations and exclusions may

not apply to you.

MISCELLANEOUS

1. The Magnuson-Moss Warranty Act applies to “consumer” sales as contrasted with “commercial” sales. A consumer sale is one to

a buyer for personal, family or household purposes and not for the purpose of resale.

2. If any provision of this Limited Warranty shall be determined to be illegal, unconscionable or unenforceable, all other terms and

provisions hereof shall nevertheless remain effective and shall be enforced to the fullest extent permitted by law. The warranties

made under this Limited Warranty are exclusive and may not be altered, enlarged or changed by a distributor, dealer, or other

person whatsoever, other than pursuant to a written agreement executed by a duly authorized officer of ECR.

3. This Limited Warranty is nontransferable and shall be for the benefit of the Original Purchaser of the Product only.

4. This Limited Warranty gives the Original Purchaser only specific legal rights and you may have other legal rights which vary from

state-to-state.

PROCEDURE FOR OBTAINING WARRANTY SERVICE

1. At the time a claim is filed under this Limited Warranty the Original Purchaser must present a copy of the original sales receipt,

and a deed, utility bill, or equivalent document evidencing both ownership of the Product and installation in the dwelling owned by

the Original Purchaser.

2. For prompt warranty service, notify the installer who, in turn, will notify the ECR distributor from whom such distributor purchased

the Product. If this action does not result in warranty service, the Original Purchaser or installer should contact ECR Customer

Service (see contact information below), giving full particulars in support of the claim. Alleged defective part or parts must be

returned through trade channels in accordance with ECR’s procedure currently in force for handling returned goods for the purpose

of inspection or determining the cause of failure. ECR will furnish the new part(s) to an authorized ECR distributor who, in turn, will

furnish the part(s) to the heating contractor who installed the Product.

ECR International, Inc.

2201 Dwyer Avenue

Utica, New York13504-4729

Ph: 315/797-1310

Customer Service Fax: 315/724-9319

E-Mail: [email protected]

PN 240009218 Rev. A 10/11

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