Utica Boilers H2OBT, H2OI Dual Warranty

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ECR International, Inc.

LIMITED WARRANTY

HYDRONIC BUFFER TANKS & SOLAR HOT WATER STORAGE TANKS

By this Limited Warranty ECR International, Inc. (“ECR”) issues limited warranties from the date of original installation of the Hydronic Buffer Tank or Solar Hot Water Storage Tank (“Product”) to the person that purchased the new Product directly (a) from the ECR brand dealer; or (b) in the case of a newly constructed home, from the contractor who purchased such new Product directly from an ECR brand dealer or wholesaler for installation and use in the newly constructed home (such person in either case referred to hereinafter as the “Original Purchaser”), subject to the terms and conditions set forth below.

WARRANTY COVERAGE FOR RESIDENTIAL USAGE

The following limited warranty set forth in this section shall apply to only the original installation of the Product in a single-family dwelling used without interruption by the Original Purchaser as his or her primary residence (“Residential Application”). “Residential Application” shall also mean usage in a multiple family dwelling provided that the Product services only one (1) dwelling in such multiple family dwelling.

I. LIMITED ONE YEAR WARRANTY

ECR warrants its Product used in Residential Applications to be free from defects in material and workmanship under normal usage and service for a period of one (1) year from the date of original installation. In the event that the Product is found to be defective in material or workmanship during this one-year period, then ECR will repair or replace, at its option, the defective Product.

II. LIMITED WARRANTY ON STORAGE TANK/HEAT EXCHANGER ASSEMBLY

ECR warrants that the Product’s storage tank/heat exchanger assembly shall be free from leaks during normal usage and service for a period of fifteen (15) years from the date of original installation. In the event that a leak should develop and occur within this limited warranty period as a result of defective material of workmanship, ECR will replace the Product. During the five (5) year period from the date of original installation ECR’s replacement of the defective Product shall be without charge. From the sixth (6th) year from the date of original installation to the fifteenth (15th) year from the date of original installation, ECR’s replacement of the defective Product shall be made upon payment by the Original Purchaser to ECR of a proportionate charge based upon the time the Product has been in service.

The proportionate charge will be equal to the appropriate percentage of the list price of such Product at the time the warranty claim is made and will be determined as follows:

Within the sixth (6th) year through the seventh (7th) year from the original date of installation – sixty percent (60%) Within the eighth (8th) year through the ninth (9th) year from the original date of installation – sixty-five percent (65%) Within the tenth (10th) year through the eleventh (11th) year from the original date of installation – seventy percent (70%)

Within the twelfth (12th) year through the thirteenth (13th) year from the original date of installation – seventy-five percent (75%) Within the fourteenth (14th) year through the fifteenth (15th) year from the original date of installation – eighty percent (80%)

Please Note: If the Product model involved is no longer available due to product obsolescence or redesign, the value used to establish the list price will be the current retail price of the nearest equivalent Product.

LIMITATIONS AND EXCLUSIONS

1.Under no circumstances will ECR be responsible for any other costs associated with rectifying the defective part or Product, including, without limitation, costs associated with removing and reinstalling the defective part or Product and/or its replacement part or Product, and all labor and material costs connected therewith, including, without limitation, costs associated with returning the defective part or Product to ECR.

2.This Limited Warranty will not be applicable if the Product is (a) used or operated at a pressure over or under its rated capacity;

(b) installed for uses other than home heating; (c) not maintained in accordance with ECR’s recommendation or accepted good practice as determined by industry standards; or (d) subjected to unauthorized alteration.

3.This Limited Warranty will not be applicable if the Product has been damaged as a result of being improperly installed, serviced or operated, including, without limitation, operated with insufficient water, allowed to freeze or subjected to flood conditions.

4.In order for this Limited Warranty to be effective (a) the Product must have been assembled in strict compliance with installation instructions furnished with the Product; and (b) the Product sections must not have been damaged during shipment and installation.

5.ECR shall not be liable for any damages, defaults or delays in performance under this Limited Warranty caused by (a) any contingency beyond its control, including, without limitation, a shortage or reduced supply of energy or raw materials, freezing, flood, fire, wind or lightening; (b) the failure of external wiring, piping, or other attachments and accessory products not integral with the Product; (c) installation, service or operation that is not in compliance with all applicable federal, state and provincial laws or

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