Broan B33DHW 33 Pint Dehumidifier

Installation & Operation Instructions - Page 16

For B33DHW.

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16
Installation & Operation Instructions 800.558.1711
WARRANTY
Limited Warranty. Broan, LLC (“Broan”) warrants as follows: (i) the B33DHW dehumidifier (“Product”) will be free of material
defects in workmanship or materials for a period of one (1) year (“One-Year Warranty”) following the date of initial purchase
of such Product by an original customer purchasing from Broan or an authorized reseller (“Customer”); and (ii) the Product’s
components will be free of material defects in workmanship or materials for a period of four (4) years following the date of initial
purchase of such Product by a Customer.
Limitation of Remedies. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THE ABOVE LIMITED WARRANTY
AND BROAN’S ENTIRE LIABILITY THEREUNDER, SHALL BE, AT THE SOLE OPTION OF BROAN, REPLACEMENT OR
REPAIR OF SUCH PRODUCT OR ITS COMPONENTS (“COMPONENTS”) BY BROAN OR BROAN’S AGENTS ONLY.
REFRIGERANT, PIPING, SUPPLIES, TRANSPORTATION COSTS, LABOR COSTS INCURRED IN REPAIR OR REPLACEMENT
OF SUCH COMPONENTS ARE NOT INCLUDED. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE
EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER
ACKNOWLEDGES THAT NO REPRESENTATIVE OF BROAN OR OF ITS AFFILIATES OR RESELLERS IS AUTHORIZED TO
MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF BROAN OR ANY OF ITS AFFILIATES OR RESELLERS THAT
IS NOT IN THIS AGREEMENT. Notwithstanding the above, during the term of the One-Year Warranty only, Broan will provide,
free of charge to Customer, all Components and labor (except costs related to removal and installation of Product) required to
fulfill its obligations under such One-Year Warranty.
Disclaimer of Warranties. EXCEPT FOR ABOVE LIMITED WARRANTY, WHICH IS THE SOLE AND EXCLUSIVE WARRANTY
PROVIDED WITH RESPECT TO THE PRODUCT AND ITS COMPONENTS, BROAN HEREBY DISCLAIMS ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Warranty Limitations. The foregoing limited warranty extends only to a Customer and shall be null and void upon attempted
assignment or transfer. A “defect” under the terms of the limited warranty shall not include problems resulting from Customer’s
or Customer’s employees’, agents’, invitees’ or a third party’s misuse, improper installation, improper design of any system in
which the Product is included, abuse, lack of normal care, failure to follow written instructions, tampering, improper repair, or
freezing, corrosion, acts of nature or other causes not arising out of defects in Broan’s workmanship or material. If a Product or
Component is replaced while under warranty, the applicable limited warranty period shall not be extended beyond the original
warranty time period. The limited warranty does not cover any costs related to changes to a Product or Component that may be
required by any codes, laws, or regulations that may become effective after initial purchase of the Product by Customer.
Customer Responsibilities. As a further condition to obtaining warranty coverage hereunder, the Customer must send a
valid warranty claim to Broan such that Broan receives such claim prior to the end of the applicable warranty period. Broan
shall have no obligation hereunder with respect to any claim received by Broan after the expiration of the applicable warranty
period. As a further condition to obtaining warranty coverage hereunder, the Customer must present forms of invoices
evidencing proof of purchase of a Product. If such invoices do not clearly indicate the date of initial purchase by a Customer,
the applicable Product’s date of manufacture will be used instead of the date of initial purchase for the purpose of calculating
the commencement of the applicable warranty period. Warranty service must be performed by Broan or a servicer authorized
by Broan. In order to obtain warranty service, the Customer should call Broan at 1-800-558.1711 and ask for the Broan
Products Service Department, which will then arrange for applicable warranty service. Warranty service will be performed during
customary, daytime working hours. If the Product must be shipped for service, Customer shall be solely responsible for properly
packaging the Product, for all freight charges, and for all risk of loss associated with shipment.
Limitation of Liability. IN NO EVENT SHALL BROAN, IN CONNECTION WITH THE DESIGN, SALE, INSTALLATION, USE,
REPAIR, REPLACEMENT OR PERFORMANCE OF ANY PRODUCT, COMPONENT, PART THEREOF OR WRITTEN MATERIAL
PROVIDED THEREWITH, BE LIABLE, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER ANY LEGAL THEORY
FOR ANY SPECIAL, DIRECT, INDIRECT, COLLATERAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. NOTWITHSTANDING
THE ABOVE LIMITATIONS AND WARRANTIES, THE SOLE AND EXCLUSIVE LIABILITY OF BROAN, REGARDLESS OF THE
NATURE OR THEORY OF THE CLAIM, SHALL UNDER NO CIRCUMSTANCES EXCEED THE PURCHASE PRICE OF THE
PRODUCT, COMPONENT OR PART UPON WHICH THE CLAIM IS PREMISED.
Applicable Law and Venue. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION RELATED TO
THE PRODUCT WILL BE BROUGHT EXCLUSIVELY IN DANE COUNTY, WISCONSIN, AND CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF
AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL
JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Miscellaneous. If any term or condition of this Limited Warranty is found by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or thereof or the whole of
this Limited Warranty. Any delay or failure by Broan to exercise any right or remedy will not constitute a waiver of
Broan to thereafter enforce such rights.