Dimplex ESSW2 Owner's Manual page 41

Warranty
product; (vi) clouding or condensation; (vii) chemicals, fluids or liquids that are not authorized or otherwise approved by Dimplex for with the
applicable product; (viii) freezing temperatures and other natural or extreme weather conditions; and/or (ix) fire or other factors or circum-
stances that are outside of Dimplex's control including, but not limited to, an Act of God.
The Warranty does not apply to and does not cover: (i) cosmetic damage including, without limitation, discoloration or glazing; or (ii) any
breakage to any glass component of a product. Further, the Warranty does not apply to and does not cover products for which you do not
have proper commissioning and maintenance records.
How to Make a Warranty Claim?
If you discover a defect in materials within the Warranty period, you must promptly contact the Dealer to begin the Warranty claim process.
Making a Warranty claim will require the following:
• a completed Dimplex warranty claim form (which will be provided to you by the Dealer as part of the claim process);
• proof of purchase of the product from a Dealer;
• digital pictures of the alleged defective in the product(s);
• applicable commissioning and maintenance records; and
• such other supporting documentation and materials as Dimplex may require.
Additional conditions of this limited warranty?
You must submit all necessary information requested by Dimplex through the Dealer for Dimplex to assess your warranty claim. The War-
ranty will extend only to claims received by Dimplex before the end of the applicable Warranty period. product removal, reinstallation,
and related costs and fees are excluded from the Warranty. All replaced products will become Dimplex's property and the replacement
product(s) becomes your property.
What Dimplex will do in the event of a valid warranty claim?
upon determination by Dimplex that a Warranty claim is valid, Dimplex shall either deliver repaired or replaced product(s) or components
to the Dealer, freight pre-paid by Dimplex or provide the end user a monetary value for the length of the product warranty in the amount of:
$440 per collector, $725 for the tank and $350 for the controller.
All other costs of removal and/or re-installation of the product(s) or components associated with Dimplex's Warranty services including, but
not limited to, any additional labour, shipping duty or other charges, shall be borne by you.
Limitations of this limited warranty and what Dimplex is not responsible for
THE WARRAnTY IS YouR EXCLuSIVE WARRAnTY AnD ConSTITuTES THE SoLE LIABILITY oF DIMpLEX To You FoR ALL
pRoDuCTS. DIMpLEX HEREBY DISCLAIMS ALL oTHER REpRESEnTATIonS, WARRAnTIES oR ConDITIonS, EXpRESS oR
IMpLIED, STATuToRY oR oTHERWISE, InCLuDInG BuT noT LIMITED To, AnY IMpLIED WARRAnTIES oR ConDITIonS oF
MERCHAnTABILITY AnD FITnESS FoR A pARTICuLAR puRpoSE. SoME JuRISDICTIonS Do noT ALLoW THE EXCLuSIon oF
EXpRESS oR IMpLIED WARRAnTIES, So THE FoREGoInG EXCLuSIonS MAY noT AppLY To You. In THAT EVEnT, ALL EX-
pRESS AnD IMpLIED WARRAnTIES ARE THEn LIMITED To THE WARRAnTY pERIoD SET ouT ABoVE.
To THE MAXIMuM EXTEnT pERMITTED BY LAW, In no EVEnT WILL DIMpLEX, oR ITS DIRECToRS, oFFICERS, oR AGEnTS,
BE LIABLE To You 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 Con-
nECTIon WITH THE SALE, MAInTEnAnCE, uSE, oR InABILITY To uSE THE pRoDuCT, EVEn IF DIMpLEX 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 DIMpLEX, oR ITS oFFICERS, DIRECToRS, oR AGEnTS
BE LIABLE FoR AnY DIRECT LoSSES, CoSTS, oR DAMAGES THAT EXCEED THE puRCHASE pRICE oF THE pRoDuCT. AS
SoME JuRISDICTIonS Do noT ALLoW THE EXCLuSIon oR LIMITATIon oF InCIDEnTAL oR ConSEQuEnTIAL DAMAGES, THE
ABoVE LIMITATIonS oR EXCLuSIon MAY noT AppLY To You.
This limited warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Miscellaneous
The division of this document into sections and the insertion of headings are for convenience of reference only and do not affect the
construction or interpretation of this document. Each section of this document is distinct and severable. If any section of this document, in
whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction, the
illegality, invalidity or unenforceability of that section, in whole or in part, will not affect: (i) the legality, validity or enforceability of the remain-
ing sections of this document, in whole or in part; or (ii) the legality, validity or enforceability of that section, in whole or in part, in any other
jurisdiction. The failure of Dimplex to exercise or enforce any right or provision of this document shall not operate as a waiver of such right
or provision. This document is governed by, and is to be construed and interpreted in accordance with, the laws of the province of ontario
and the laws of Canada applicable in that province. The united nations Convention on Contracts for the International Sale of Goods (also
called the Vienna Convention, and which is cited in the statutes of Canada as the International Sale of Goods Contracts Convention Act)
will not apply to this Agreement or the transactions contemplated by this Agreement.
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