Warranty

Products to which this limited warranty
applies

This limited warranty applies to your newly
purchased Empire electric fireplace. This
limited warranty applies only to purchases
made in any of the 50 States of the USA
(and the District of Columbia) except for
Hawaii and Alaska. This limited warranty
applies to the original purchaser of the
product only and is not transferable.

Products excluded from this limited warranty

Products purchased in Hawaii or Alaska
are not covered by this limited warranty.
Products purchased in these States are
sold AS IS without warranty or condition
of any kind (including, without limitation,
any implied warranties or conditions of
merchantability or fitness for a particular
purpose) and the entire risk of as to the
quality and performance of the products is
with the purchaser, and in the event of a
defect the purchaser assumes the entire
cost of all necessary servicing or repair.

What this limited warranty covers and for
how long

Products, other than fireplace surrounds
(mantels) and trims, covered by this
limited warranty have been tested and
inspected prior to shipment and, subject
to the provisions of this warranty, Empire
warrants such products to be free from
defects in material and workmanship for a
period of 2 years from the date of the first
purchase of such products.

Empire fireplace surrounds (mantels) and
trims covered by this limited warranty have
been tested and inspected prior to shipment and, subject to the provisions of this
warranty, Empire warrants such products
to be free from defects in material and
workmanship for a period of 1 year from
the date of first purchase of such products.

The limited 2 year warranty period for
products other than fireplace surrounds
(mantels) and trims and the limited 1 year
warranty period for fireplace surrounds
(mantels) and trims also applies to any
implied warranties that may exist under
applicable law. Some jurisdictions do not
allow limitations on how long an implied
warranty lasts, so the above limitation may
not apply to the purchaser.

What this limited warranty does not cover

This limited warranty does not apply to
products that have been repaired (except
by Empire or its authorized service representatives) or otherwise altered. This
limited warranty does further not apply
to defects resulting from misuse, abuse,
accident, neglect, incorrect installation, improper maintenance or handling, or operation with an incorrect power source.

What you must do to get service under
this limited warranty

If you have a service or repair question,
please contact your dealer. Please have
proof of purchase, catalogue/model and
serial numbers available when calling.
Limited warranty service requires a proof
of purchase of the product.

What Empire will do in the event of a defect

In the event a product or part covered by
this limited warranty is proven to be defective in material or workmanship during (i)
the 2 year limited warranty period for products other than fireplace surrounds (mantels) and trims, and (ii) the 1 year limited
warranty period for surrounds (mantels)
and trims, you have the following rights:

• Empire will in its sole discretion either
  repair or replace such defective product
  or part without charge. If Empire is unable to repair or replace such product
  or part, or if repair or replacement is
  not commercially practicable or cannot
  be timely made, Empire may, in lieu of
  repair or replacement, choose to refund
  the purchase price for such product or
  part.
• Limited warranty service will be performed solely by dealers or service
  agents of Empire authorized to provide limited warranty services.
• For products other than surrounds
  (mantels) and trims, this 2 year limited
  warranty entitles the purchaser to onsite or in-home warranty services. Accordingly, Empire will be responsible for
  all labour and transportation associated
  with repairing or replacing the product
  or part except as follows: (i) charges
  which may be levied for travel costs
  incurred to travel to the purchaser’s
  site where the product is located if the
  purchaser’s site is beyond 30 miles (48
  km) from the closest service depot of
  Empire’s dealer or service agent; and
  (ii) the purchaser is solely responsible
  for providing clear access to all serviceable parts of the product.
• For surrounds (mantels) and trims, this
  1 year limited warranty does not entitle
  the purchaser to on-site or in-house
  warranty services. The purchaser is
  responsible for removal and transportation of the surrounds (mantels) and
  trims (and any repaired or replacement
  product or part) to and from the authorized dealer’s or service agent’s place
  of business. On-site or in-home services
  for surrounds (mantels) and trims may
  be performed at the purchaser’s specific request and expense at Empire’s
  then current rates for such services.
  Empire will not be responsible for, and
  this limited warranty shall not include,
  any expense incurred for installation
  or removal of the surrounds (mantels)
  or trims or any part thereof (or any replacement product or part) including,
  without limitation, all shipping costs and
  transportation costs to and from the
  authorized dealer’s or service agent’s
  place of business and all labour costs.
  Such costs shall be the purchaser’s responsibility.

What Empire and its dealers and service
agents are also not responsible for:

IN NO EVENT WILL EMPIRE, OR ITS
DIRECTORS, OFFICERS, OR AGENTS,
BE LIABLE TO THE PURCHASER OR
ANY THIRD PARTY. WHETHER IN CONTRACT, IN TORT, OR ON ANY OTHER
BASIS, FOR ANY INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL LOSS, COST,
OR DAMAGE ARISING OUT OF OR IN
CONNECTION WITH THE SALE, MAINTENANCE, USE, OR INABILITY TO
USE THE PRODUCT, EVEN IF EMPIRE
OR ITS DIRECTORS, OFFICERS, OR
AGENTS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSSES,
COSTS OR DAMAGES, OR IF SUCH
LOSSES, COSTS, OR DAMAGES ARE
FORESEEABLE. IN NO EVENT WILL EMPIRE, OR ITS OFFICERS, DIRECTORS,
OR AGENTS BE LIABLE FOR ANY DIRECT LOSSES, COSTS, OR DAMAGES
THAT EXCEED THE PURCHASE PRICE
OF THE PRODUCT.

SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO THE
PURCHASER.

How State and Provincial law apply

This limited warranty gives you specific
legal rights, and you may also have other
rights which vary from jurisdiction to jurisdiction. The provisions of the United Nations Convention on Contracts for the Sale
of Goods shall not apply to this limited
warranty or the sale of products covered
by this limited warranty.