MODELS 355CSOBK • 355CSOBR
Page 6
WARRANTY
BROAN-NUTONE LLC
– Exclusive Limited Warranty –
The Exclusive Limited Warranty Agreement (the “Warranty”) is entered into by and between Customer and Broan-NuTone LLC (“Broan”). Customer has carefully reviewed this Warranty and agrees that Broan’s performance of its obligations hereunder will provide Customer with an adequate remedy which will serve the essential purpose of the parties’ agreement relating to the products manufactured by Broan and identified on the reverse side hereof (the “Products”). Customer acknowledges and agrees that he/she is purchasing the Products for residential purposes (and not for industrial or commercial purposes) after careful inspection of the same. Customer’s rights and benefits hereunder inure solely to Customer, as the original purchaser of the Products, and are non-assignable and non-transferable. No other party or entity, including, without limitation, subsequent purchasers or owners of the Products shall have or be entitled to assert any rights or benefits hereunder.
EXCLUSIVE LIMITED WARRANTY; LIMITATION OF REMEDIES. Broan hereby warrants the Customer that the Products’ motors are and will remain for a period of fifteen (15) months from the date of delivery to Customer; and the Products are and will remain for a period of five (5) years from the date of delivery to Customer (collectively, the “Warranty Period”), free of defects in materials and workmanship, provided that such Products are used for their intended purpose and are properly serviced in accordance with the User’s Manual provided to Customer. Subject to the foregoing, if at any time during the Warranty Period any Product fails to conform to the foregoing warranty by reason of defects in materials or workmanship, Customer shall properly notify Broan in writing and shall include with such notice a sales receipt or proof of purchase of the defective Product, and Broan at its option shall repair or replace the defective Product or component part without charge to Customer, except for: (A) costs incurred in transporting the Products or component parts to and from Broan’s designated dealer or its manufacturing plant in Hartford, Wisconsin; and (B) charges for labor or other costs incidental to the removal or remounting of component parts repaired or replaced under this Warranty, both of which shall be borne by Customer. Notwithstanding any provision herein to the contrary, this Warranty shall not extend or obligate Broan to take any action with respect to: (A) Products which have been modified, altered, installed, used or operated in a manner which is not recommended by Broan, including any Products in which parts not manufactured or approved by Broan have been installed; (B) Products which have not been regularly or properly serviced in accordance with the User’s Manual or which have otherwise been neglected; and (C) ordinary wear and tear, service and maintenance and replacement items. THIS WARRANTY APPLIES ONLY TO MACHINERY, EQUIPMENT AND COMPONENT PARTS MANUFACTURED BY BROAN. THIS WARRANTY DOES NOT APPLY OR EXTEND TO: (A) PARTS PURCHASED SEPARATELY FROM SUCH MACHINERY AND EQUIPMENT, WHICH ARE COVERED BY A SEPARATE WRITTEN WARRANTY; OR (B) ITEMS OF EQUIPMENT OR ACCESSORIES MANUFACTURED BY PARTIES OTHER THAN BROAN.
EXCEPT AS SPECIFICALLY STATED IN THE PARAGRAPH IMMEDIATELY ABOVE, BROAN MAKES NO WARRANTY OR REP- RESENTATION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY SET FORTH IN THE PRECEDING PARAGRAPH AND THE OB- LIGATIONS AND LIABILITIES OF BROAN THEREUNDER REPRESENT CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER REMEDIES, WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY CUSTOMER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO EVENT SHALL BROAN’S LIABILITY HERE- UNDER EXCEED THE PURCHASE PRICE FOR THE PRODUCTS. ADDITIONALLY, BROAN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER.
Broan reserves the right to modify, alter or improve any products or equipment manufactured by Broan without incurring any duty or obligation to modify, alter, improve or replace any of the Products covered hereby.
THIS WARRANTY SETS FORTH THE PARTIES’ FINAL, COMPLETE AND EXCLUSIVE AGREEMENT CONCERNING THE PRODUCTS AND BROAN’S WARRANTY OBLIGATIONS. NO AFFIRMATION OF FACT, PROMISE, DESCRIPTION, DEMON- STRATION, SAMPLE OR MODEL CONSTITUTES A WARRANTY OR OTHERWISE MODIFIES, EXTENDS OR ALTERS THIS WARRANTY UNLESS IN A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED BROAN OFFICER.
This Warranty shall be governed by and construed in accordance with the laws of the State of Wisconsin. The venue for any action arising out of or related to this Warranty shall be in Washington County, Wisconsin.
Broan-NuTone LLC Hartford, Wisconsin www.broan.com 800-558-1711
99527269A