The Metal-Fab SUPER FLEX 316 stainless steel chimney liners (the “Products”), when installed according to manufacturer’s instructions, as prescribed by Underwriters Laboratories Standard 1777, and when properly and regularly cleaned and maintained as set forth below, are warranted by Metal-Fab Inc. under normal residential use against defects in material or workmanship of the product for parts only for as long as the original consumer owns the chimney system. During the first ten years of the warranty, MetalFab Inc. will repair or replace defective Product at Metal-Fab Inc.’s election at no charge. During the balance of the warranty, MetalFab Inc. will repair or replace defective Product at Metal-Fab Inc.’s election at 50% of the current retail price in effect at the time of the warranty claim. The defective Product must be returned with all transportation charges prepaid by the owner to the Customer Service Department, Metal-Fab Inc., 3025 May Avenue, Wichita, Kansas 6721 Upon receipt of the defective Product and the information required from the owner specified below, Metal-Fab Inc. will in turn ship the repaired or replacement Product to the owner, freight collect, with the owner to be responsible for all freight charges. This warranty does not cover any labor or other service charges incurred by the owner, or any products or parts not manufactured by Metal-Fab Inc.
It is the OWNER’S RESPONSIBILITY to establish: the date of the original installation of the Product; the name of the original purchaser the name of the installer; that the Product was installed according to manufacturer’s instructions; and that the Product was properly cleaned and serviced once each year by a licensed chimney sweep. DISCLAIMERS AND EXCLUSIONS The following shall be applicable to the Products of Metal-Fab Inc. described above: THE WARRANTY SET FORTH ABOVE CONSTITUTES METAL-FAB INC.’S EXCLUSIVE WARRANTY WITH RESPECT TO THE PRODUCTS DESCRIBED ABOVE. EXCEPT FOR THE EXPRESSED WARRANTY SET FORTH ABOVE, METALFAB INC. MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH SUCH PRODUCTS AND ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The sole and exclusive remedy against Metal-Fab Inc. shall be for the repair or replacement of a defective Product as provided hereinabove. NO OTHER REMEDY (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. The sole purpose of the stipulated exclusive remedy provided for herein shall be the repair and/or replacement of defective Product in the manner provided hereinabove. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Metal-Fab Inc. is willing and able to repair or replace a defective Product in the prescribed manner. The owner shall not be required to deliver a defective Product to Metal-Fab Inc. if:
(a) The Product was destroyed as a result of its defect or any defect in any part covered in this warranty; and
(b) Metal-Fab Inc. is reasonably satisfied that the Product was defective at the time of sale.
If both of these conditions are met to Metal-Fab Inc.’s satisfaction, it will replace the Product in the same manner provided herein as if the owner or purchaser had delivered it to Metal-Fab Inc. The owner acknowledges that no oral statements purporting to be warranties, representations, or guarantees of any kind about any product of Metal-Fab Inc. have been made to owner by Metal-Fab Inc., by the original purchaser if different from the owner, or by its dealer which in any way expands, alters or modifies the terms of the warranty set out herein. Any such statements do not constitute warranties, shall not be relied on by the owner, and are not part of the contract of sale. This writing constitutes a complete and exclusive statement of the terms of any warranty, express or implied, of Metal-Fab Inc. There is NO WARRANTY for any defective Product of Metal-Fab Inc. which has been removed from its original installation site or which, in the judgment of Metal-Fab Inc., arises from misuse, mishandling, neglect, flood, lightning, corrosive atmosphere, improper installation of the Product, improper servicing of the Product, unauthorized modification of the Product, improper fuel supply to the Product, or the failure of the installer to properly install or service the Product as is set out in the installation instructions. There is NO WARRANTY for any defect or damage to Product resulting from operation of gas or other fuel fired appliances that result in excessive condensation causing a corrosive exposure to the Product. For such applications, stainless steel liners fabricated with AL29-4C or other highly corrosion resistive metal shall be required. Some states do not allow the exclusion or limitation of consequential, incidental or special damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.