P-K Storm
TM
Gas Fired Boiler
Technical Service 1.877.728.5351
Revised: June 26, 2020
Released: June 26, 2020
©
Patterson-Kelley 2020
All Rights Reserved.
2691000273 P-K Storm ST2500-ST4000
Installation and Owners Manual Rev A.docx
Page 82
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), 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 condition
s of sale
for the product, which can be found at
http://pattersonkelley.com/warranty.php
(the “Terms and Conditions of 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 more 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 Se
ller’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: 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 o
wner’s plant or equipment or of any facility or system of which any product may be made a part;
(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
