P-K Storm
TM
Gas Fired Boiler
Technical Service 1.877.728.5351
Revised: October 2, 2019
Released: October 2, 2019
Patterson-Kelley 2019
All Rights Reserved.
2691000099 P-K Storm Installation and Owners
Manual.docx
Page 76
7 P-K STORM
™
SPECIFIC LIMITED WARRANTY
Last Updated 12/12/2016
Subject to the terms and conditions herein and the Terms and Conditions of Sale (as defined herein), Harsco Industrial Patterson-Kelley
(“Seller”) warrants to the purchaser of the product (“Buyer”) that the heat exchanger and burner are free of defects in
material and
workmanship, when operated in accordance with the conditions stated herein, for a period of ten (10) years for the heat exchanger, five
(5) years for the burner and a ten (10) year warranty against failure due to thermal shock commencing on the date of shipment or, if a
start-up report is furnished to Seller, on the start-
up date shown on the report furnished to Seller (the “Warranty Period”), provided that
startup is completed within six (6) months of shipment and the start-up report is furnished to Seller within thirty (30) days of startup (this
“Specific Limited Warranty”). The Exclusions and limitations of liability
set forth in the Terms and Conditions of Sale (as defined herein)
apply to this Specific Limited Warranty. Capitalized terms
used but not defined herein have the meanings ascribed to them under Seller’s
terms and conditions of sale for the product, which can be found at
http://harscopk.com/warranty.php
(the “Terms and
Conditions o
f Sale”).
This Specific Limited Warranty is transferrable to the owner that utilizes the product(s) purchased hereunder for its
intended use at the original installation site (the “Original Owner”).
This Specific Limited Warranty is non-transferable to anyone who
subsequently receives or purchases products from the Original Owner. If the Original Owner did not purchase the product directly from
Seller, the Original Owner should contact the reseller from whom it purchased the product for a copy of the Terms and Conditions of Sale
attached to the Order Acknowledgement received by the original purchaser of the product from Seller.
I.
REMEDY
Seller’s obligations under this Specific Limited Warranty is limited to repairing or, if in Seller’s judgment it seems mo
re appropriate, to
furnishing without charge (installation not included), FCA Seller’s factory (Incoterms 2010), a similar part to replace any p
art which after
examination shall, to Seller’s own satisfaction be determined to have been defective at the time
it was shipped. In the event that a
replacement is provided by Seller, the defective item will become the property of Seller. Transportation to Seller’s facilit
y or other
designated facility for repairs of any products or party alleged defective shall,
in all events, be at Buyer’s sole risk and cost. This warranty
applies only if the original installer and Seller (Attention: Harsco Industrial, Patterson-Kelley, 155 Burson Street, East Stroudsburg, PA
18301) receive, within the Warranty Period, an immediate written notice, providing a detailed description of all claimed defects, upon
discovery of such defects together with proof of purchase (invoice or Order Acknowledgment) and a copy of the start-up report for the
affected product. Seller may seek reimbursement of any costs incurred by Seller where the product is found to be in good working order,
or when it has been determined that this Specific Limited Warranty does not apply as per the exclusions set forth below. The remedies
available to Buyer set forth herein are exclusive remedies, and all other remedies, statutory or otherwise, including but not limited to the
right of redhibition, are waived by Buyer. Buyer acknowledges that the exclusion of remedies is neither unreasonable nor unconscionable.
Buyer shall indemnify and hold Seller harmless against, any claim due to any injury or death to any person or damage to any property
resulting in whole or in part from any modification or alteration Buyer makes to any product sold hereunder.
II.
EXCLUSIONS
To the full extent permitted by law, Seller shall have no liability for and the Warranties do not cover:
(A) any product which has been altered or repaired by other than Seller's personnel;
(B) deterioration or failure of any product due to
(i) abrasion, corrosion, erosion or fouling,
(ii) misuse,
(iii) modification not authorized by Seller in writing or
(iv) improper installation, lack of or improper maintenance or operation;
(C) equipment not furnished by Seller by the owner, either mounted or unmounted, or when contracted for by a party or parties other
than Seller to be installed or handled;
(D) the suitability of any product for any particular application;
(E) the design or operation of owner’s plant or equipment or of any facility or system of which any product may be made a pa
rt;
(F) any damage to the product due to abrasion, erosion, corrosion, deterioration, abnormal temperatures or the influence of foreign
matter or energy;
(G) the performance of any product under conditions varying materially from those under which such product is usually tested under
industry standards at the time of shipment;
(H) leakage or other malfunction caused by:
(i) defective installations in general and specifically, any installation which is made
(a) in violation of applicable state or local plumbing, housing or building codes or
(b) contrary to the written instructions furnished with the product,
(ii) adverse local conditions in general and, specifically, sediment or lime precipitation in the tubes, headers and/or shells or
corrosive elements in the water, heating medium or atmosphere, or
