Atmor warrants that Atmor’s water heaters are free from defects in workmanship and material and covered by this warranty against:
(i) Any failure or defect for a period of one year from the date of purchase.
(ii) Atmor’s heating elements are covered by this warranty against any failure or defect for a period of two years, from the date of purchase.
(iii) Any leaks, solely due to defects in materials or Manufacturer’s workmanship, for a period of two years from the date of purchase.
Should any part(s) prove to be defective during the above periods and upon the return of the product, Atmor will be responsible for repair or replacement of the defective part(s) only at Atmor’s sole election. Atmor is not responsible for any other costs incurred including without limitation: labor charges or any incidental or consequential expenses. Atmor’s maximum liability is limited to the value of the water heater.
This Limited Warranty is void if: (i) water heater has been installed or used improperly; (ii)design has been altered in any way; (iii) water heater has been installed and/or serviced by someone other than a licensed electrician ; (iv) or if the water heater has been installed or used in contradiction to installation instructions, applicable laws and/or ordinances.
THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE WARRANTY MADE BY ATMOR AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATMOR EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE AND EXCLUSIVE REMEDY IS PRODUCT REPAIR OR REPLACED, AS PROVIDED IN THIS LIMITED WARRANTY, AND ALL OTHER CLAIMS FOR DAMAGES ARE EXCLUDED.
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE ONLY REMEDIES AVAILABLE TO OWNER OR DISTRIBUTOR OR ANY PERSON FOR BREACH OF ANY COVENANT, DUTY OR OBLIGATION ON THE PART OF ATMOR. ATMOR IS NOT LIABLE TO OWNER OR ANY THIRD PARTY FOR ANY LOSS, PERSONAL INJURY OR PROPERTY DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE WATER HEATER.
UNDER NO CIRCUMSTANCES IS ATMOR LIABLE TO OWNER OR ANY THIRD PARTY FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, CONTINGENT, OR PUNITIVE DAMAGES OF ANY DESCRIPTION, WHETHER ANY SUCH CLAIM BE BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, OR OTHERWISE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO OWNER. IN SUCH CASES, THE WARRANTY SHALL BE LIMITED TO ONE YEAR FROM THE ORIGINAL DATE OF PURCHASE OR DATE OF MANUFACTURE, AS PROVIDED IN THIS LIMITED WARRANTY, OR THE SHORTEST PERIOD ALLOWED BY LAW. THIS WARRANTY GIVES OWNER SPECIFIC LEGAL RIGHTS AND OWNER MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.