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TEN YEAR LIMITED) WARRANTY
(PLUG & PLAY ELECTRIC FIREPLACE)
Twin-Star
International, Inc. (the “Company”) warranty to the original purchaser
of a new Classic Flame Plug & Play Electric Fireplace (the “Fireplace”)
is free from manufacturing defects in materials and workmanship for a
period of (10) years from the date of original retail purchase from a
qualified / authorized Twin-Star dealer, subject to the following terms,
conditions and limitations. This warranty is for the USA and Canada
only.
I. What this limited warranty covers and for how long
The Company warrants fireplace components, other than fireplace
surrounds (mantels) to be tree from defects in material and workmanship
for a period of ten (10) years from the date of the original retail
purchase, as follows: (a) repair or replacement of defective products or
parts (including in-home services) for the first one (1) year following
the date of original retail purchase, as described in Part IV below and
(b) thereafter, replacement of defective products or parts (with no
in-home services) for the remainder of the ten (10) year warranty term,
us described in Part IV below.
The Company warrants Fireplace surrounds (mantels) covered by this
limited warranty to be free from defects in material and workmanship for
a period of one (l) year from the date of original retail purchase of
such products, as follows: replacement of defective products or parts
(with no in-home services) as further described in Part IV below.
II. What this
limited warranty does, not cover
This limited
warranty does not apply to (a) replacement of Fireplace light bulbs, (b)
Fireplace components that have been repaired (except by the Company or
its authorized service representatives) or otherwise altered or
modified, (c) damage, malfunction or defects resulting from shipping or
transit, misuse, abuse, accident, neglect, incorrect installation,
improper maintenance or handling, or operation with an incorrect power
source, (d) damage from fire, water, lightning, power surges, abnormal
environmental conditions or other acts of nature, and (e) normal wear
and tear. The Company reserves the right to assess all warranty claims
and to determine if the claimed defects or damages arc covered by this
limited warranty. This limited warranty applies only to the original
purchaser of the Fireplace from a qualified / authorized Twin-Star
dealer in the USA or Canada, and is not transferable.
III. What you
must do to get service under this limited warranty
For warranty
service, please contact the Company by phone at 1-866-661-1218, or by
mail at 115 SE 4th Avenue, Delray Beach, FL. 33483, USA. Please have
proof of purchase, catalogue/model, manufacturer’s date code and serial
numbers available when calling. Proof of purchase showing the original
purchase date and location is required to obtain warranty service
IV. What the
Company will do in the event of a covered warranty claim
In the event a
Fireplace component covered by this limited warranty is proven to be
defective in material or workmanship during the applicable warranty
period, then the Company will provide warranty service in accordance
with the following:
·
For valid warranty claims on Fireplace
components, other than fireplace surrounds (mantels), made prior to the
first anniversary of the date of original retail purchase the Company
will elect in its sole discretion to either repair or replace the
covered defective product or part without charge If the Company is
unable to repair or replace the covered defective product or part, Or if
repair or replacement is not commercially practicable or cannot be
timely made, the Company may elect at its sole discretion, in lieu of
repair or replacement to refund the pure base price for the defective
product or part. Warranty services under this paragraph include any
applicable on-site or in-home warranty services, and the Company will be
responsible for all labor and transpiration cost associated with the
repair or replacement of the defective product or part, except as
follows: (I) you will be charged for reasonable transportation costs
incurred for travel to and from the site where the defective product is
located if the distance to such location is more than thirty (30) miles
(4 km) from the Company’s closest authorized service agent or dealer;
and (II) you are solely responsible for providing clear access to all
serviceable parts of the defective product, and you will be charged at
the Company’s customary rates for delays resulting from failure to
provide such clear access and/or any additional services provided by the
Company to provide such clear access.
·
For valid warranty, claims on Fireplace
components, other than fireplace surrounds (mantels), made between the
first Anniversary of the date of original retail purchase and pilot to
the tenth anniversary of the date of original retail purchase, the
Company will elect in its sole discretion to either repair or replace
the covered defective product or part without charge. If the Company is
unable to repair or replace the covered defective product or part, or if
repair or replacement is not commercially practicable or cannot be
timely made, the Company may elect in its sole discretion, in lieu of
replacement, to refund the purchase price for the defective product or
part. Warranty services under this paragraph do not include on-site or
in-home warranty services, and you will be solely responsible for all
expenses incurred for the removal of the defective product or part and
installation of the replacement product or part, including, without
limitation, all labor costs and all shipping and transportation costs to
and from the Company and or its authorized dealer or service agent.
·
For valid warranty claims on fireplace
surrounds (mantels) made prior to the first anniversary of the date of
original retail purchase, the Company will decide in its sole
discretion to either repair or replace the covered defective product or
part without charge. If the Company is unable to repair or replace the
covered defective product or part, or if repair or replacement is not
commercially practicable or cannot be timely made, the Company may elect
in its sole discretion, in lieu of replacement, to refund the purchase
price for the defective product or part. Warranty services under this
paragraph do not include on-site or in-home warranty services, and you
will be solely responsible for all expenses incurred for the removal of
the defective product or part and installation of the replacement
product or part, including, without limitation, all labor costs and all
shipping and transportation costs to and from the Company and/or its
authorized dealer or service agent.
All warranty
services will be performed solely by the Company’s authorized dealer or
service agents. On-site or in-home services not covered by this limited
warranty may be performed at your specific request and expense, at the
Company’s customary rates for such services.
V. DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS
THERE ARE NO
EXPRESS WARRANTIES MADE BY THE COMPANY OTHER THAN THOSE LIMITED
WARRANTIES DESCRIBED ABOVE. THE COMPANY DISCLAIMS ALL IMPLIED
WARRANTIES. INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT THAT
ANY APPLICABLE JURISDICTION PROHIBITS DISCLAIMER OF IMPLIED WARRANTIES.
SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE APPLICABLE
PERIODS OF TIME SET FORTH IN THE EXPRESS LIMITED WARRANTIES DESCRIBED ABOVE. IN NO EVENT WILL THE COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS OR
AGENTS, BE LIABLE, TO ANY PURCHASER, OWNER OR USER OF THE FIREPLACE, OR
TO 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 FIREPLACE, EVEN IF
THE COMPANY 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 THE COMPANY, OR ANY
OF ITS DIRECTORS, OFFICERS OR AGENTS, BE LIABLE FOR ANY DIRECT LOSSES,
COSTS, OR DAMAGES THAT EXCEED TILE PURCHASE PRICE OF THE FIREPLACE.
SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
ANY AND ALL SERVICE OR REPAIR WORK DEEMED NECESSARY MUST BE PERFORMED BY
A REPAIR SPECIALIST. DO NOT ATTEMPT TO DO ANY SERVICE OR REPAIR WORK
YOURSELF. IMPROPER SERVICE OR REPAIR MAY RESULT IN PROPERTY DAMAGE,
PERSONAL INJURY OR DEATH.
This limited
warranty gives you specific legal rights, and you may also have other
rights which vary from jurisdiction to jurisdiction. The provisions of
the United Nations Convention on Contracts for the Sale of Goods shall
not apply to this limited warranty or the sale of products covered by
this limited warranty.
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