Mendota ML39 Assembly, Installation And Operating Instructions page 87

6. Mendota is free of liability for any damages caused by the appliance, as well as inconvenience expenses and materials.
Incidental or consequential damages are not covered by this warranty.
7. Exclusions to this warranty include: injury, loss of use, damage, failure to function due to accident, negligence, misuse,
improper installation, alteration of the manufacturer's setting of components, lack of proper and regular maintenance,
damage incurred while the appliance is in transit, or by act of God.
8. Malfunction, damage or performance based issues of any and all components as a result of environmental conditions,
location, chemical damages, downdrafts, installation error, installation by an unqualified installer, incorrect chimney
components (including but not limited to cap size or type), operator error, abuse, misuse, use of improper fuels, lack of
regular maintenance and upkeep, acts of God, weather related problems from hurricanes, tornados, earthquakes, floods,
lightning strikes/bolts or acts of terrorism or war, which result in malfunction of the appliance are not covered under the
terms of this Limited Lifetime Warranty.
9. Mendota has no obligation to enhance or modify any unit once manufactured (i.e. as products evolve, field modifications or
upgrades will not be performed on existing appliances).
10. Any unit showing signs of neglect or misuse will not be covered under the terms of this warranty policy and may void this
warranty. This includes units with rusted or corroded fireboxes which have not been reported as rusted or corroded within
three (3) months of installation/purchase.
11. Units which show evidence of being operated while damaged, or with problems known to the purchaser and causing
further damages will void this warranty.
12. Units where the serial no. has been altered, deleted, removed or made illegible will void this warranty.
13. Noises due to minor movement, expansion and contraction of the steel is normal and is not covered under the terms of this
warranty.
Freight damages for products or parts are not covered under the terms of the warranty.
Products made or provided by other manufacturers and used in conjunction with the Mendota appliance without prior
authorization from Mendota may void this warranty.
Limitations of Liability
The original purchaser's exclusive remedy under this warranty, and Mendota's sole obligation under this warranty, express
or implied, in contract or in tort, shall be limited to replacement, repair, or refund, as outlined above. In no event will
Mendota be liable under this warranty for any incidental or consequential commercial damages or damages to property.
To the extent permitted by applicable law, Mendota makes no express warranties other than the warranty specified herein.
The duration of any implied warranty is limited to duration of the expressed warranty specified above. If implied
warranties cannot be disclaimed, then such warranties are limited in duration to the duration of this warranty.
Some U.S. states do not allow limitations on how long an implied warranty lasts or allow exclusion or limitation of incidental
or consequential damages, so the above limitations or exclusions may not apply to you.
Customers located outside the U.S. should consult their local, provincial or national legal codes for additional terms which
may be applicable to this warranty.
How to Obtain Warranty Service
1. If you discover a problem that you believe to be covered by the warranty, you must report to your Mendota Dealer within
30 days, with proof of purchase, purchase date, model name and serial number.
2. Customers should contact the authorized selling dealer to obtain warranty service. In the event the authorized selling
dealer is unable to provide warranty service, please contact Mendota by mail at the address listed below. Please include a
brief description of the problem and your address, email and telephone contact information. A representative will contact
you to make arrangements for an inspection and/or warranty service.
Warrantor:
Johnson Gas Appliance Company
Mendota Fireplace Division
520 E Avenue NW, Cedar Rapids, IA 52405, USA
85-03-01136 ML39 Page 87