Burnham 8B Series Installation, Operating And Servicing Instructions page 100

COMMERCIAL CAST IRON BOILERS — SERIES 5B, 8B, V9 and V11
Burnham Commercial™ hereby warrants to the original owner ("Owner") of
each Series 5B, 8B, V9, and V11 commercial cast iron boiler ( a "Boiler")
manufactured by Burnham Commercial, as follows:
First Year - Limited Warranty: Burnham Commercial warrants that each
Boiler will comply, at the time of manufacture, with recognized hydronics
industry regulatory standards and requirements as then in effect and will be
free from defects in material and workmanship under normal usage for a period
of one year from the date of original installation. Subject to all of the terms
and conditions set forth below, if any Boiler, cast iron section, or component
part covered by this warranty is found not to conform with this warranty during
the one year warranty period, Burnham Commercial will, at its option, repair or
replace the non-conforming Boiler, cast iron section, or covered component
part.
Second through 10th Year - Limited Warranty for Cast Iron Sections:
Burnham Commercial warrants that the cast iron sections of each Boiler will be
free from defects in material and workmanship under normal usage for a period
of ten years from the date of original installation. Subject to all of the terms
and conditions set forth below, if any cast iron section covered by this
warranty is found not to conform with this warranty during the warranty period,
Burnham Commercial will, at its option, repair or replace the non-conforming
cast iron section.
The foregoing warranties are subject to the following terms and conditions:
1. Applicability. These warranties extend only to the original Owner at the
original installation site and may not be assigned or otherwise transferred or
extended to any other person or entity.
2. Claim Procedure. Owner must contact the original installer and provide
the installer with a detailed description of the claimed defect. If the original
installer is unable to resolve the matter to Owner's satisfaction, Owner must
notify Burnham Commercial in writing at Burnham Commercial, P.O. 3939,
Lancaster, PA 17605, which notice must be received by Burnham Commercial
prior to the expiration of the applicable warranty period. Owner must make the
Boiler available for inspection by Burnham Commercial and, if requested to do
so by Burnham Commercial, must return the Boiler, cast iron section or
defective component part to Burnham Commercial, at Owner's expense, for
inspection and/or repair. Owner must cooperate with Burnham Commercial
and take all commercially reasonable efforts to resolve and settle any dispute
arising in connection with a warranty claim before resorting to legal remedies
in court.
3. Conditions. The foregoing warranties are subject to the following
conditions:
a.) Installation Location. The Boiler must be installed within the
continental limits of the United States and Canada.
b.) Proper Installation. The Boiler must be installed by a qualified heating
contractor (whose principal business is the sale, installation and maintenance
of commercial boilers and related equipment) in strict accordance with the
Installation and Operating Instructions Manual furnished with the Boiler and
must not have been damaged prior to or during installation.
c.) Annual Service. The Boiler (including its related burner, controls, and
other components and accessories) must be serviced annually by a qualified
heating contractor (whose principal business is the sale, installation and
maintenance of commercial boilers and related equipment) and proof of such
service must be provided with each warranty claim. The required annual
service must include all service and maintenance procedures specified in the
Installation and Operating Instructions Manual furnished with the Boiler and all
service and maintenance procedures specified in any instruction manual or
similar document prepared by the manufacturer of the burner, controls and
other components and accessories. Such annual service must also be
performed in accordance with all applicable industry standards and
procedures.
d.) Proper Operation and Maintenance. The Boiler must be operated and
maintained in strict accordance with the Installation and Operating
Instructions Manual furnished with the Boiler and all applicable industry
standards and procedures.
e.) No Alterations. The Boiler must not have been modified, altered or
changed in any manner.
f.) Proper Application. The Boiler must be used exclusively for purposes
of commercial space heating or domestic hot water generation through a heat
exchanger (or for a combination of such purposes).
4. Exclusions. The foregoing warranties do not cover claims arising from or
relating to any of the following:
a.) Component Parts and Accessories. Claims relating to component
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parts and accessories manufactured by others are not covered by these
warranties and will be subject only to the manufacturer's warranty, if any.
b.) Improper Installation. Claims arising from or relating to improper
installation are not covered by these warranties.
c.) Natural Disasters. Claims arising from or relating to damage caused
by natural disasters, including, but not limited to, lightening, fire, earthquake,
hurricane, tornado, or floods are not covered by these warranties.
d.) Alterations. Claims arising from or relating to any alteration or other
modification not authorized by Burnham Commercial in writing are not covered
by these warranties.
e.) Misuse. The following claims are not covered by these warranties:
claims arising from or relating to (i) misuse, abuse, mishandling, accident,
neglect or improper service or operation of a Boiler, including, but not limited
to, improper burner adjustment, control setting or maintenance and thermal
shock from low water temperatures; (ii) operation of a Boiler over its rated
capacity; (iii) operation of a Boiler with insufficient water, excessive fresh
make-up water or inadequately deareated water; (iv) freezing of a Boiler or any
part or component thereof; (v) operation with combustion air contaminated
externally by chemical vapors or other contaminants, (vi) use of improper fuel
additives; or (vii) operation of a Boiler with inadequately or improperly treated
water that causes deposit build-up in the cast iron sections or other Boiler
components.
f.) Subsequently Installed Accessories. Claims arising from or relating to
Boiler accessories (including, but not limited to, circulators, air elimination
devices, deaerators, flow controls and low water cutoffs) which are installed
by Owner after delivery of the Boiler are not covered by these warranties.
5. Exclusive Remedy. If any Boiler, cast iron section or covered
component part fails to conform to these warranties, Owner's exclusive
remedy shall be to accept, at the option of Burnham Commercial, repair or
replacement of the non-conforming Boiler, cast iron section or other
component part. These warranties do not cover labor and other costs and
expenses associated with the removal and replacement of a non-conforming
Boiler, cast iron section or other component part, which costs and expenses
shall be the sole responsibility of Owner.
6. Limitation of Damages. Under no circumstances shall Burnham
Commercial be liable to Owner or to any other person for any indirect,
incidental, special, consequential, or punitive damages of any kind
whatsoever under these warranties or otherwise (including, without limitation,
injury or damage to persons or property, loss of time or labor expense
involved in repairing or replacing a non-conforming Boiler, loss of the use of
the Boiler, and loss of profits, revenues or business, even if Burnham
Commercial has been advised of the possibility of such damages), whether
such damages are sought based upon breach of warranty, breach of contract,
negligence, strict liability or any other legal theory. Burnham's liability under
these warranties shall under no circumstances exceed the purchase price
paid by the Owner for the Boiler involved.
7. Exclusivity and Disclaimer. These warranties are given in lieu of all other
express warranties and set forth the entire obligation of Burnham Commercial
with respect to any defective or otherwise non-conforming Boiler and Burnham
Commercial shall have no obligations, responsibilities or liabilities of any kind
whatsoever, except as set forth herein.
EXCEPT AS SET FORTH IN THESE WARRANTIES, BURNHAM MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY
OTHER IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR
PERFORMANCE, CUSTOM, USAGE OF TRADE OR OTHERWISE.
8. No Authority to Expand Warranty. No sales representative, agent or
distributor or has authority to expand or otherwise modify in any way the
scope of these warranties or the obligations of Burnham Commercial
hereunder. No such modification shall be binding unless set forth in a written
document signed by a duly authorized officer of Burnham
Commercial.
9. Effective Date. This statement of warranties is effective as to all Boilers
sold on or after July 17, 2000 and supersedes all prior warranty statements.
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