Warranty

Limited Warranty Information Eemax Electric Tankless Water Heaters
Subject to the terms and conditions set forth in this limited warranty, each Eemax Tankless
Water Heater is warranted to the original owner (“Owner”) against (i) mechanical or electrical
failure of any component solely due to defects in materials or Manufacturer’s workmanship for a
period of one year from the date of original purchase and (ii) leaks solely due to defects in
materials or Manufacturer’s workmanship for the later of (x) five years from the date of original
purchase or (y) the date of Owner’s occupancy of a new dwelling in which the Eemax Tankless
Water Heater is installed. However, if Owner cannot document the original date of purchase with
the original sales receipt, then the limited warranty period begins on the date the Eemax Tankless
Water Heater was manufactured. As Owner’s sole and exclusive remedy, Manufacturer shall, at
Manufacturer’s sole election, either repair or replace the Eemax Tankless Water Heater or the
defective portion of such product. Manufacturer is not liable for any costs incurred by Owner,
including, without limitation, the cost of any labor. Manufacturer’s maximum liability is limited
to the value of the water heater. This limited warranty shall be governed by the laws of the
United States.
THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE WARRANTY MADE BY
MANUFACTURER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES,
STATUTORY, EXPRESSED OR IMPLIED (WHETHER WRITTEN OR ORAL),
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. MANUFACTURER EXPRESSLY DISCLAIMS
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. OWNER’S SOLE AND EXCLUSIVE REMEDY IS PRODUCT
REPAIR OR REPLACED, AS PROVIDED IN THIS LIMITED WARRANTY, AND ALL
OTHER CLAIMS FOR DAMAGES ARE EXCLUDED.
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE ONLY
REMEDIES AVAILABLE TO OWNER OR ANY PERSON FOR BREACH OF ANY
COVENANT, DUTY OR OBLIGATION ON THE PART OF MANUFACTURER.
MANUFACTURER IS NOT LIABLE TO OWNER OR ANY THIRD PARTY FOR ANY
LOSS, PERSONAL INJURY OR PROPERTY DAMAGE, DIRECTLY OR INDIRECTLY,
ARISING FROM THE EEMAX TANKLESS WATER HEATER. UNDER NO
CIRCUMSTANCES IS MANUFACTURER LIABLE TO OWNER OR ANY THIRD PARTY
FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, CONTINGENT, OR PUNITIVE
DAMAGES OF ANY DESCRIPTION, WHETHER ANY SUCH CLAIM BE BASED UPON
WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, OR
OTHERWISE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO OWNER. IN SUCH CASES, THE WARRANTY SHALL BE
LIMITED TO ONE YEAR FROM THE ORIGINAL DATE OF PURCHASE OR DATE OF
MANUFACTURE, AS PROVIDED IN THIS LIMITED WARRANTY, OR THE SHORTEST
PERIOD ALLOWED BY LAW. THIS WARRANTY GIVES OWNER SPECIFIC LEGAL
RIGHTS AND OWNER MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM
STATE TO STATE.

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