Page 26
P38DF* Indoor Gas Fireplace
XG0193 - 103111.1
Appendix
Appendix B: Warranty
The Warranty
The Companies warrants the Montigo Gas Appliance to be free from defects in materials and workmanship at the time of manufacture. On the Montigo fireplace,
there is a ten-year warranty on the firebox and its components, a five-year warranty on the main burner and pilot burner, and a one-year warranty on the gas control
valve, fibre logs and Power Vent Module. The Glass, plated / painted finishes, and refractory lining are exempt from the warranty.
Remedy And Exclusions
The coverage of this Warranty is limited to all components of the Gas Appliance manufactured by The Companies.
This Warranty only covers Montigo Gas Appliances installed in the United States or Canada.
If the components of the Gas Appliance covered by this Warranty are found to be defective within the time frame stated (see The Companies right of investigation
outlined below). The Companies will, at its option, replace or repair defective components of the Gas Appliance manufactured by The Companies at no charge,
and will also pay for reasonable labour costs incurred in replacing or repairing components. If repair or replacement is not commercially practical, The Companies
will, at its option, refund the purchase price of the Montigo Gas Appliance.
This Warranty covers only parts and labour as provided above. In no case shall The Companies be responsible for materials, components, or construction which
are not manufactured or supplied by The Companies, or for the labour necessary to install, repair or remove such materials, components or construction. All
replacement or repair components will be shipped F.O.B. the nearest The Companies factory.
Qualifications To The Warranty
The Gas Appliance Warranty outlined above is further subject to the following qualifications:
(1) The Gas Appliance must be installed in accordance with The Companies installation instructions and local building codes. The Warranty on this Montigo
Gas Appliance covers only the component parts manufactured by The Companies. The use of components manufactured by others with this Montigo Gas
Appliance could create serious safety hazards, may result in the denial of certification by recognized national safety agencies, and could be in violation of
local building codes. This warranty does not cover any damages occurring from the use of any components not manufactured or supplied by The Companies
(2) The Montigo Gas Appliance must be subjected to normal use. The Gas Appliances are designed to burn gas only. Burning conventional fireplace fuels such
as wood, coal or any other solid fuel will cause damage to the Gas Appliance, will produce excessive temperatures and will result in a fire hazard.
Limitations On Liability
It is expressly agreed and understood that The Companies sole obligation, and purchaser's exclusive remedy under this Warranty, under any other warranty,
expressed or implied, or in contract, tort or otherwise, shall be limited to replacement, repair, or refund, as specified above.
In no event shall The Companies be responsible for any incidental or consequential damages caused by defects in its products, whether such damage occurs
or is discovered before or after replacement or repair, and whether or not such damage is caused by The Companies negligence. 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. The duration of any implied warranty
with respect to this Montigo Gas Appliance is limited to the duration of the foregoing warranty. Some states do not allow limitation on how long an implied warranty
lasts, so the above may not apply to you.
Investigation Of Claims Against Warranty
The Companies reserves the right to investigate any and all claims against this Warranty and to decide upon method of settlement.
The Companies Are Not Responsible For Work Done Without Written Consent
The Companies shall in no event be responsible for any warranty work done without first obtaining The Companies written consent.
Dealers Have No Authority To Alter This Warranty
The Companies employees and dealers have no authority to make any warranties nor to authorize any remedies in addition to or inconsistent with those stated above.
How To Register A Claim Against Warranty
In order for any claim under this Warranty to be valid, The Companies must be notified of the claimed defect in writing or by telephone, as soon as reasonably
possible after the defect is discovered. Claims against this Warranty in writing should include the date of installation, and a description of the defect.
Other Rights
This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
nOTE:
The Companies
as stated above refer to - Canadian Heating Products Inc. and/or Montigo Del Ray Corp.
Canadian Heating Products Inc. and/or Montigo DelRay Corp. reserves the right to make changes at any time, without notice, in design, materials,
specifications, prices and also to discontinue colors, styles and products.
