Empire Comfort Systems EF39 Owner's Manual page 12

Warranty
• Empire will in its sole discretion either
repair or replace such defective
product or part without charge. If
Empire is unable to repair or replace
such product or part, or if repair or
replacement is not commercially
practicable or cannot be timely
made, Empire may, in lieu of repair
or replacement, choose to refund the
purchase price for such product or
part.
• Limited warranty service will be
performed solely by dealers or service
agents of Empire authorized to provide
limited warranty services.
• For products other than surrounds
(mantels) and trims, this 2 year
limited warranty entitles the purchaser
to on-site or in-home warranty
services. Accordingly, Empire will
be responsible for all labour and
transportation associated with
repairing or replacing the product or
part except as follows: (i) charges
which may be levied for travel costs
incurred to travel to the purchaser's
site where the product is located if
the purchaser's site is beyond 30
miles (48 km) from the closest service
depot of Empire's dealer or service
agent; and (ii) the purchaser is solely
responsible for providing clear access
to all serviceable parts of the product.
• For surrounds (mantels) and trims,
this 1 year limited warranty does
not entitle the purchaser to on-site
or in-house warranty services. The
purchaser is responsible for removal
and transportation of the surrounds
(mantels) and trims (and any repaired
or replacement product or part) to
and from the authorized dealer's or
service agent's place of business.
On-site or in-home services for
surrounds (mantels) and trims may be
12
performed at the purchaser's specific
request and expense at Empire's
then-current rates for such services.
Empire will not be responsible for, and
this limited warranty shall not include,
any expense incurred for installation
or removal of the surrounds (mantels)
or trims or any part thereof (or any
replacement product or part) including,
without limitation, all shipping costs
and transportation costs to and from
the authorized dealer's or service
agent's place of business and all
labour costs. Such costs shall be the
purchaser's responsibility.
What Empire and its dealers and service
agents are also not responsible for:
IN NO EVENT WILL EMPIRE, OR
ITS DIRECTORS, OFFICERS, OR
AGENTS, BE LIABLE TO THE
PURCHASER OR ANY THIRD PARTY,
WHETHER IN CONTRACT, IN TORT,
OR ON ANY OTHER BASIS, FOR
ANY INDIRECT, SPECIAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL,
OR INCIDENTAL LOSS, COST, OR
DAMAGE ARISING OUT OF OR IN
CONNECTION WITH THE SALE,
MAINTENANCE, USE, OR INABILITY
TO USE THE PRODUCT, EVEN
IF EMPIRE OR ITS DIRECTORS,
OFFICERS, OR AGENTS HAVE BEEN
ADVISED OF THE POSSIBILITY
OF SUCH LOSSES, COSTS OR
DAMAGES, OR IF SUCH LOSSES,
COSTS, OR DAMAGES ARE
FORESEEABLE. IN NO EVENT
WILL EMPIRE, OR ITS OFFICERS,
DIRECTORS, OR AGENTS BE LIABLE
FOR ANY DIRECT LOSSES, COSTS,
OR DAMAGES THAT EXCEED
THE PURCHASE PRICE OF THE
PRODUCT.
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
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