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GREASE DUCT STANDARD WARRANTY <br />The Metal-Fab No Chase'", Series 4G Grease Duct System, <br />where installed in accordance with the manufacturer's <br />~ Installation Instructions, is warranted by Metal-Fab, Inc. <br />for a period of 12 years from the date of shipment, <br />agai~st defects in material or workmanship of the product <br />components. Any defective part in the product will, at <br />Metal-Fab's option, either repaired or replaced. Should the <br />parts be returned, the owner must pay all transportation <br />charges. The repaired or replacement part will, in turn, be <br />shipped by Metal-Fab, Inc. to the owner, freight collect, <br />with the owner to be responsible for all freight charges. <br />The warranty on any repaired or replacement part shall be <br />for a duration of time no longer than the remaining or <br />unexpired term of the original warranty. This warranty <br />does not cover labor or other service charges incurred by <br />the owner in relation to any warranty claim made by the <br />owner, or to parts not manufactured by Metal-Fab, Inc. <br />elements, with one base coat and one finish coat of <br />heat and corrosion resistant paint. <br />misuse, mishandling or modification of the duct <br />system without the approval of Metal-Fab, Inc. <br />fire, including duct fire, flood, lightening, or Act of <br />God. <br />operation of the duct system in extreme conditions <br />or outside the environmental specifications of the <br />duct system, including but without limitation to, <br />operation in the presence of solvents, refrigerated <br />vapors, halogenated compounds, or other conditions <br />which could cause condensation of corrosive materi- <br />als in or on the duct system. <br />• use of the duct system with parts not manufactured <br />by Metal-Fab, Inc. <br />REGISTRATION AND CLAIMS PROCEDURE <br />wthin sixty days of first use or acquisition of the grease <br />duct system, owner must register its ownership by <br />delivering to Metal-Fab, Inc., a Certificate of Start-Upon a <br />form available from Metal Fab, Inc. In connection with <br />any warranty claim, owner must establish (i) registration <br />of ownership, (ii) date of duct system installation and <br />name of installer, and (iii) installation of the duct system <br />in accordance with Metal-Fab, Inc.'s instructions. Any <br />~ part claimed defective shall be returned, freight prepaid by <br />owner, to Metal-Fab, Inc. for evaluation, repair or replace- <br />ment. Upon repair or replacement of defective parts, <br />Metal-Fab, Inc. will forward the part to owner, freight <br />collect. Should Metal-Fab, Inc. be unable to repair or <br />replace the duct system part within a reasonable amount <br />of time, Metal-Fab, lnc. shall have the option to refund a <br />pro rata portion of the actual purchase price or list price at <br />the time of installation of the duct system, whichever is <br />less. <br />EXCLUSIONS <br />This warranty does not cover defects resulting in whole or <br />in part from: <br />• inaccurate or incomplete disclosures of existing or <br />future operating conditions made by customer or <br />customer's engineer or contractor. <br />• duct system sizing or design not made or approved, <br />prior to installation, by Metal-Fab. Inc. <br />• improper installation, site preparation and/or mainte- <br />nance of the duct system throughout the warranty <br />period, including the continuous protection of the <br />aluminized outer jacket, where exposed to the <br />removal and/or reuse of the duct system from its <br />original installation site. <br />DISCLAIMERS AND LIMITATIONS <br />THERE ARE NO WARRANTIES WHICH EXTEND BE- <br />YOND THOSE SET FORTH ABOVE, INCLUDING BUT <br />WITHOUT LIMITATION TO, ANY IMPLIED WARRANTY <br />OF MERCHANTABILITY OR FITNESS FOR A PAR- <br />TICULAR PURPOSE <br />The sole and exclusive remedy against Metal-Fab, Inc. <br />shall be the repair or replacement of defective parts as <br />provided hereinabove. NO OTHER REMEDY (including, but <br />not limited to, incidental or consequential damages for lost <br />profits, lost sales, injury to person or property, or any <br />other incidental or consequential Ioss1, shall be available. <br />The sole purpose of the stipulated exclusive remedy <br />provided for herein shall be the repair and replacement of <br />defective parts in the manner provided hereinabove. This <br />exclusive remedy shall not be deemed to have failed of its <br />essential purpose so long as Metal-Fab, Inc. is willing and <br />able to repair or replace defective parts in the prescribed <br />manner. <br />The owner acknowledges that no oral statements purport- <br />ing to be warranties, representations, or guarantees of any <br />kind about any product of Metal-Fab, Inc. have been <br />made to the owner by Metal-Fab, Inc., by the original <br />purchaser if different from the owner, or by its dealer <br />which in any way expands or modifies the terms of the <br />warranty set out herein. Any such statements do not <br />constitute warranties, shall not be relied on by the owner, <br />and are not part of the contract of sale. This writing <br />constitutes a complete and exclusive statement of the <br />terms of any warranty, express or implied, of Metal-Fab, <br />Inc. <br />15 <br />