other than HearthStone or an authorized HearthStone dealer (a “Dealer”).
4. Damage due to water or due to installation of the Stove in a damp or high condensation area.
5. Damage due to installation of the Stove in an atmosphere contaminated by damaging chemicals,
including but not limited to chlorine, fluorine or salts.
6. Scratches on glass, enameled surfaces or stones due to mechanical abrasion.
7. Standard wear and tear of the Stove resulting from normal usage over time.
8. Damage, operational-related problems, or inadequate performance caused by site, installation or
environmental conditions beyond HearthStone’s control, including but not limited to nearby trees,
rooftops, buildings, wind, hills, mountains, inadequate or excessive venting, insufficient make up air, or
negative air pressure whether or not caused by mechanical systems such as furnaces, exhaust fans,
clothes dryers, etc.
9. A defect in any part of the Stove if the Original Purchaser fails to comply with HearthStone’s or a
Dealer’s request to ship the part or the Stove to HearthStone or a Dealer, as the case may be.
THE WARRANTIES CONTAINED IN THIS DOCUMENT ARE EXCLUSIVE AND ARE GIVEN BY
HEARTHSTONE AND ACCEPTED BY THE ORIGINAL PURCHASER IN LIEU OF ALL OTHER EXPRESS
WARRANTIES AND ANY OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN CONTRACT OR
TORT, WHETHER OR NOT ARISING FROM HEARTHSTONE’S NEGLIGENCE, ACTUAL OR IMPUTED. ALL
IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE GIVEN
ONLY
TO THE EXTENT REQUIRED BY FEDERAL OR STATE LAW.
EXCEPT AS OTHERWISE REQUIRED BY STATE LAW, UPON THE EXPIRATION OF THE EXPRESS
LIMITED WARRANTIES CONTAINED HEREIN,
NO
IMPLIED WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO
THE SUBJECT STOVE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE WARRANTIES CONTAINED IN THIS DOCUMENT EXTEND
ONLY
TO THE ORIGINAL PURCHASER OF
THE STOVE WARRANTED HEREUNDER. THEY DO NOT EXTEND TO ANY SUBSEQUENT OWNERS.
UNDER NO CIRCUMSTANCES SHALL HEARTHSTONE BE LIABLE TO THE ORIGINAL PURCHASER OR
ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGE TO PROPERTY OR PERSONAL INJURIES, WHETHER ARISING OUT OF BREACH
OF WARRANTY, TORT, OR OTHERWISE, EVEN IF HEARTHSTONE HAS BEEN APPRAISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Qualifying For Warranty Coverage
To obtain performance of any obligation under this document, the Original Purchaser must,
within the
applicable warranty time period
, contact their dealer, or HearthStone, at the address listed in the Warranty
Registration section below for instructions regarding the return of defective parts for repair, the return of the
Woodstove for repair, or a Dealer service call. The Original Purchaser should refer to the Dealer network
search engine contained on HearthStone’s Web site (www.hearthstonestoves.com) to find a HearthStone
Dealer nearest the Original Purchaser’s current location.
REMEDY
The remedy for any breach of the foregoing warranties will consist of repair or replacement, at
HearthStone’s option, of any covered defect in the Stove. When the Original Purchaser contacts a Dealer, or
HearthStone - the Dealer, or HearthStone as the case may be, will instruct the Original Purchaser to
either
return the defective part, or the entire Stove (if needed), with shipping prepaid, to the Dealer, or HearthStone,
or
allow a Dealer to make a service call at the place where the Stove is located. In the event the Original
Purchaser refuses to allow a Dealer to make a service call, HearthStone or a Dealer, as the case may be, will
request that the Original Owner return the defective part, or the entire Stove (if needed), with shipping prepaid,
to HearthStone or a Dealer.
Notwithstanding any other provision of this document, the Original
Purchaser shall pay for any travel fees and service charges related to a Dealer’s service call
.
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