Warranty

NORITZ AMERICA CORP.
11160 Grace Avenue
Fountain Valley, CA 92708
NORITZ AMERICA CORP.
11160 Grace Avenue
Fountain Valley, CA 92708
MAIL TO:
ATTN: WARRANTY REGISTRATION
PLACE
STAMP
HERE
3. How do I Use this Warranty? If Buyer discovers, within the applicable Warranty Period, a defect in material or workmanship (“Defect”), Buyer must promptly
notify Noritz or its authorized representative. Please notify Noritz by contacting Noritz’s Customer Care at [e-mail], or by writing to Noritz Customer
Care at 11160 Grace Avenue, Fountain Valley, CA 92708, or by calling Noritz Customer Care at 866-766-7489. Buyer must provide evidence of the Warranty
Effective Date (See Section 2 above). Within a reasonable time after Noritz receives such notification, Noritz will ship at Noritz’s expense, either new or
used/refurbished replacement parts to correct a Noritz-confirmed Defect. Buyer is responsible for any other costs, including but not limited to labor for servicing
or replacing the part or Product (except to the extent that labor is covered as described in the Warranty Period section above), costs for permits or materials
necessary for the repair or replacement, or incidental costs resulting from damage external to the Product resulting from the Defect. The replacement
component or Product will be warranted only for the unexpired portion of the original component's applicable Warranty Period. If during the applicable
Warranty Period, the Noritz-provided new or used replacement parts, when properly installed, do not correct the Defect, or if Noritz is unable to correct the
Defect after a reasonable number of attempts, Noritz will provide, at its option, one of the following: (i) a replacement new or used/refurbished Product (at
Noritz’s option, either the same, comparable or better model), to be shipped at Noritz’s expense, or (ii) a full refund of the purchase price paid for the Product
(excluding labor or installation costs). These remedies are the Buyer’s only remedies for breach of Warranty.
5. DISCLAIMER OF WARRANTIES THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NORITZ DISCLAIMS ALL OTHER OBLIGATIONS
OR LIABILITIES ON ITS PART AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON OR ENTITY TO BIND OR ASSUME FOR NORITZ ANY OTHER LIABILITIES
IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCT. THIS WARRANTY ONLY COVERS REPLACEMENT PRODUCT OR PARTS THEREOF, AND EXCEPT AS
EXPRESSLY SET FORTH ABOVE, DOES NOT COVER THE COST OF LABOR OR SERVICES UNDER ANY CIRCUMSTANCES. SOME STATES OR PROVINCES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF REMEDIES NORITZ’S TOTAL LIABILITY FOR ANY CLAIM ARISING HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE
PRODUCT. IN NO EVENT WILL NORITZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON BREACH OF WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT NORITZ WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT LIMITED
TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY
SUBSTITUTE EQUIPMENT, FACILITIES, OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS; AND INJURY TO PROPERTY.
8. No Other Warranties There are no express warranties other than those contained in this agreement. Unless modified in a writing signed by both parties, this
agreement is understood to be the complete and exclusive agreement between the parties, superseding all oral or written prior agreements and all other
communications between the parties relating to the subject matter of this agreement, including but not limited to statements made by salespersons. No
employee or representative of Noritz, or any other person or entity, is authorized to make any warranty in addition to those made in this agreement, or to
modify any warranty made in this agreement. Buyer is warned, therefore, to check this agreement carefully to see that it correctly reflects those terms that are
important to the Buyer.
9. Allocation of Risks This agreement allocates the risks of Product failure between Noritz and the Buyer. This allocation is recognized by both parties and is
reflected in the price of the goods. Buyer acknowledges that it has read this agreement, understands it, and is bound by its terms. This Warranty gives you
specific legal rights, and you may also have other rights which vary from state to state or province to province.
7. Time Limit for Bringing Suit Any action for breach of Warranty must be filed and served within 6 months following the expiration of the applicable Warranty
Period with respect to the particular Product component.
4. What is Not Covered by this Warranty Please refer to the Installation Manual and Owner’s Guide suppl
ied with your new Noritz Product. In addition, this
Warranty becomes null and void if any of the following are determined to be contributing factors to failure of the Product under this Warranty:
Product purchased from any seller or retailer that is not authorized by Noritz, or any installer that obtained the Product from a distributor or supplier that is not
authorized by Noritz (collectively, “Non-Authorized Product”) is not covered by this Warranty and the Warranty shall be void as to such Non-Authorized Product.
• Abuse, neglect, misuse or misapplication
• Improper, dangerous, or destructive
maintenance procedures
• Use in conjunction with any unapproved device
• Installation in an environment that is corrosive
or otherwise destructive to the Product,
whether internal or external
• Incorrect gas or water pressure
• Incorrect sizing for the application
• Use with improper gas type
• Damage as a result of freezing within the Product or surrounding piping
• Damage as a result of use with non-potable water, untreated or poorly treated well water, or water
with high PH levels or hardness levels in excess of 12 grains per gallon (200 mg/L). (Please refer to
the “Water Quality” section of the Owner’s Guide for details)
• Damage caused by acts of God including, but not limited to; fire, flood, lightning, or natural disaster
• Damage caused by use of the Product for purposes other than those for which it was designed
• Damage caused by unauthorized attachments or modifications
• Damage resulting from improper installation of the Product
• Damage during shipment