Fireplace Warranty

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FIREPLACE WARRANTY

JDM STRUCTURES, LTD. LIMITED PRODUCT WARRANTY

This Limited Warranty, delivered to the customer (“you” or “your”) by JDM Structures, Ltd., (“we”, “us” or “our”), sets forth the terms and conditions of warranty regarding the product provided to you in connection with this limited warranty (the “Product”). All of the following provisions shall be subject to any additional terms and conditions or sale agreement between the parties for the purchase and sale of the Product.

What Does This Limited Warranty Cover? We warrant that the Product shall be free from defects in workmanship and materials when used in the manner and for the purpose for which the Product is designed, and in accordance with all instructions and directions for assembly and maintenance furnished by us, the manufacturer or any third party on behalf of us.

How Long Does This Limited Warranty Last? Subject to any limitations or exclusions provided in this document, this limited warranty is a lifetime limited warranty available to you as the original purchaser of the Product, and is not transferable or assignable by you.

What Will We Do? Once we have received and evaluated a notice of claim and related documentation from you, if your claim is accepted by us, we will, at our sole option, repair or replace the defective Product (or any material or parts incidental to the Product covered under this limited warranty), or authorize the repair or replacement by our third-party service representatives. If the defective Product is no longer available, we reserve the right to replace such Product with a similar product of our choosing. We may discontinue a product line or color at any time without notice to you. You shall be responsible to pay shipping fees associated with any repair or replacement.

What Will We Not Do? Our obligations under this limited warranty are expressly limited to the repair or replacement of a defect Product, at our sole option. Our obligations do not extend to any damages arising from any alleged defect in the Product or our alleged act or omission beyond the invoiced price of any Product found to be defective under this limited warranty.

How Can This Warranty Become Void? This limited warranty will be voided, at our sole option, if:

  • You are not the original purchaser of the product or do not retain your original proof of purchase.
  • You do not comply with the requirements of this limited warrant, including those in the “How Do You Get Warranty Service” section.
  • You do not provide a suitable level concrete pad, patio or foundation for the Product at installation.
  • You do not properly operate, use, store or maintain the Product, or you otherwise abuse or neglect the Product.
  • You do or attempt to repair, alter or modify the Product or any parts of the Product except by our express written instructions.
  • You attempt to use the Product in any way other than for the purpose which the Product was designed.
  • The damage or defect to the Product is in any way caused by your actions or failure to act.

What Does This Warranty Cover? This limited warranty covers the following Product standard features:

  • 18 gauge galvanized welded metal u-channel steel frame.
  • Magnesium oxide board overlay.
  • Concrete hearth.
  • Precast concrete chimney top.
  • Metal cap and spark arrestor.
  • 10” double wall flue pipe (Small).
  • 12” double wall flue pipe (Medium & large).

What Does This Warranty Not Cover? This limited warranty does not cover, and we will not be responsible or liable to you in any way for any of the following items or conditions:

  • Exterior stone and masonry work incidental to the Product.
  • Firebrick on the floor, back or sides of the firebox.
  • Fading, color change, or color match. Upon exposure to the sun and elements, all colors may fade to some degree.
  • Improper assembly or handling of Product by you in the event the Product is not assembled by us or our third-party representatives.
  • Abnormal use of the Product.
  • The application of paint, varnish, or other coating or chemical to the Product which have not been approved by us.
  • Any lack of compatibility between the Product, or damage caused to the Product, as a result of and any other product that we do not manufacture.
  • Color or pattern variance between any new replacement section or pieces and other sections or pieces.
  • Damage to the Product caused by, among other things, unauthorized service, intentional acts, unreasonable use, misuse (including the burning of illegal or unnatural fuel sources or hazardous chemicals), physical abuse, vandalism, riot, insurrection or civil disorder, accidents, or corrosive atmospheres (such as those contaminated by acid rain, harmful chemicals, or vapors), or any act of God (such as fire, flooding, hurricane, earthquake, tornado, lightning, ice, etc.), environmental condition, staining from foreign substances or items placed on the Product (such as dirt, grease, oil, etc.) or normal weathering (defined as exposure to sunlight, weather and atmosphere which may cause any colored surface to gradually fade, darken, chalk, or accumulate dirt or stain).

How Do You Get Warranty Service? Within 30 days of your discovery of a potential defect, you must submit a written claim to us, containing a description of the defect and specifically stating the nature of the claim and the date of its discovery. You must be prepared to furnish proof of purchase of the Product to establish you are the original purchaser, as well as photographs of the Product and potential defect. Should you fail to notify us of a potential defect within 30 days after its discovery by you, or to provide us with adequate documentation as required by us under this paragraph, we reserve the right, in our sole discretion, to void this limited warranty and be fully and completely relieved of our obligations under this limited warranty.

WaIver of Other Warranties. THIS LIMITED WARRANTY COMPRISES THE ENTIRE AND SOLE WARRANTY OFFERED BY US PERTAINING TO THE PRODUCT(S) SOLD TO YOU. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, CONDITION, DESIGN OR OPERATION OF THE PRODUCT, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE PRODUCT OR WORKMANSHIP IN THE PRODUCT, NOR ANY OTHER REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, TRADE USAGE OR COURSE OF DEALING, EXCEPT AS SET FORTH HEREIN. YOU ACKNOWLEDGE AND AGREE THAT ANY OTHER REPRESENTATIONS, STATEMENTS OR PROMISES MADE BY ANY PERSON ARE UNAUTHORIZED AND ARE NOT BINDING UPON US UNLESS SEPARATELY SET FORTH IN WRITING. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCT(S) ARE SUFFICIENT FOR YOUR PURPOSES.

WaIver of Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR PROFITS, EVEN IF WE ARE ADVISED, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR LIABILITY, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY, OR OTHERWISE SHALL NOT EXTEND BEYOND THIS LIMITED WARRANTY, AND ANY AND ALL DAMAGES IMPOSED UPON US UNDER THIS LIMITED WARRANTY SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT. YOUR REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REMEDIES.

Additional Terms. This Limited Warranty shall be considered as supplemental to the terms and conditions of sale set may be forth on a purchase order or sale agreement (“Terms and Conditions”), and such Terms and Conditions are incorporated by reference herein. If there are any inconsistencies between this limited warranty and the Terms and Conditions, this limited warranty will control. This limited warranty cannot be altered or supplemented by any terms or conditions contained in any order acknowledgement, or other documentation submitted by you, nor
may it be changed, amended or modified orally. Any amendment or modification of this limited warranty must be expressly made in writing and signed by authorized representatives of the parties.