Common use of WARRANTY TERMS Clause in Contracts

WARRANTY TERMS. (a) Art Culinaire Lacanche hoods come with a three year limited warranty that applies as follows: (i) For three (3) years from the date of the hood delivery, the warranty will cover parts and labor required to repair or replace any component of the hood that is defective in materials, workmanship, or factory design, provided that the defect arises out of normal and reasonable use of the hood. Please note that if the hood is not properly installed the warranty may become void. The blower insert is not covered by Art Culinaire’s warranty but is covered under its manufacturer’s warranty. (b) If your hood comes with a Vent-A-Hood® Magic Lung® (B-Series and T-Series) blower insert, the manufacturer’s warranty is as follows: (i) For five (5) years from the date of purchase of the blower insert, the warranty will cover parts and one year of labor. (ii) The warranty does not cover: freight damage, blower wheel damage, light bulbs, damage or malfunction caused by faulty installation, incidental or consequential damage, commercial application, or misapplication or modification of or to any part of the Vent-A-Hood® product. (c) If your hood comes with a Modern-Aire blower insert, the manufacturer’s warranty is as follows: (i) For three (3) years from the date of purchase of the blower insert, the warranty will cover parts and labor. (d) Art Culinaire expressly excludes the replacement costs of stainless-steel surfaces and powder coated exterior panels for aesthetic reasons or material defects occurring prior to installation. Instead, these defects will only be covered for ninety (90) days from hood delivery. (e) You acknowledge that there may be variances in the color of the hood You receive. We at Art Culinaire believe that color variances are a feature of our bespoke, artisanal hoods based on our specific manufacturing methods. Accordingly, these variances are expressly excluded from the Terms and Conditions’ warranty. (f) To qualify under these Terms and Conditions’ warranty, repair and replacement services must be performed by service agents qualified or approved by Art Culinaire. In addition, the services must be pre-approved in writing by Art Culinaire. Art Culinaire disclaims, and You will be solely responsible for, labor, repair, and replacement costs that Art Culinaire has not pre-approved. You acknowledge that service providers are independent contractors which are not affiliated to or employed by Art Culinaire, and that their services will be provided during ordinary business hours. (g) The Terms and Conditions’ warranty provisions do not apply to: (i) Subsequent owners, grantees, receivers, or any party other than the original purchaser; o Except in the case the hood is purchased by a third party for a homeowner (ii) Hoods used for commercial or non-household purposes; (iii) Hoods with their serial number removed or altered, or otherwise misapplied, mishandled, misused, subject to improper cleaning or installation, chemical action, or unauthorized alterations; and (iv) Hoods installed outside of the fifty states of the United States or the District of Columbia. (h) Unless otherwise expressly stated herein, Art Culinaire expressly excludes from the Terms and Conditions’ warranty the costs of labor for the repair or replacement of damages or defects arising out of, related to, or caused by: (i) Aesthetic reasons; (ii) Manufacturing color variances; (iii) Owner negligence, improper or faulty use, installation, service, or repair; (iv) Improper, insufficient, or faulty house utilities or environment; (v) Improper or insufficient electrical supply; (vi) Accidents, acts of God, unforeseeable events; (vii) Parts purchased outside of Art Culinaire’s service provider network; (viii) Work or services sourced outside of Art Culinaire’s service provider network and/or not approved by Art Culinaire; (ix) Travel, lodging, transportation, and other expenses associated with service by our direct employees or representatives requested outside our service coverage areas; o With the exception that no local service provider is an option (x) Premium time or overtime charged for labor otherwise covered by this warranty; and (xi) All circumstances otherwise outside the control of Art Culinaire. (i) You acknowledge that these terms and conditions are exclusive of any and all other warranties, express or implied, including the warranty of merchantability, fitness for a particular purpose, or those arising out of trade usages, other than those expressly stated herein. These terms and conditions, including the warranty herein, may not be modified or superseded by representations or statements by Art Culinaire’s agents or representatives. (j) To the maximum extent not prohibited under applicable law, Art Culinaire will not be responsible to you, your assigns, successors, or other third parties for property damage, bodily injury, loss of use and consequential or incidental damages, special damages, lost profits, costs of substitute goods or services under contract, tort, or any other theory of liability arising out of or related to the goods and services provided hereunder. Art Culinaire’s cumulative liability on any claim shall not exceed the wholesale price of the goods or services provided hereunder and giving rise to the claim.

WARRANTY TERMS. (a) Art Culinaire Lacanche hoods ranges come with a three year limited warranty that applies as follows: (i) For three (3) years from the date of the hood range delivery, the warranty will cover parts and labor required to repair or replace any component of the hood range that is defective in materials, workmanship, or factory design, provided that the defect arises out of normal and reasonable use of the hoodrange. Please note that if the hood range is not properly installed the warranty may become void. The blower insert is not covered by Art Culinaire’s warranty but is covered under its manufacturer’s warranty. (b) If your hood comes with a Vent-A-Hood® Magic Lung® (B-Series and T-Series) blower insert, the manufacturer’s warranty is as follows: (iii) For five (5) years from the date of purchase of the blower insertrange delivery, the Limited warranty will cover covers parts and one year of laborlabor required to repair or replace, where defective in materials or workmanship, the following components only: gas burner assemblies, gas valves, electric heating elements, fan motors, thermocouples, and spark electrodes. (ii) The warranty does not cover: freight damage, blower wheel damage, light bulbs, damage or malfunction caused by faulty installation, incidental or consequential damage, commercial application, or misapplication or modification of or to any part of the Vent-A-Hood® product. (c) If your hood comes with a Modern-Aire blower insert, the manufacturer’s warranty is as follows: (i) For three (3) years from the date of purchase of the blower insert, the warranty will cover parts and labor. (db) Art Culinaire expressly excludes the replacement costs of stainlessinduction vitro-steel surfaces ceramic glass and powder coated porcelain enamel exterior panels for aesthetic reasons or material defects occurring prior to installation. Instead, these defects will only be covered for ninety (90) days from hood range delivery. (ec) You acknowledge that there may be variances in the color of the hood range You receive. We at Art Culinaire believe that color variances are a feature of our bespoke, artisanal hoods ranges based on our specific manufacturing methods. Accordingly, these variances are expressly excluded from the Terms and Conditions’ warranty. (fd) To qualify under these Terms and Conditions’ warranty, repair and replacement services must be performed by service agents qualified or approved by Art Culinaire. In addition, the services must be pre-approved in writing by Art Culinaire. Art Culinaire disclaims, and You will be solely responsible for, labor, repair, and replacement costs that Art Culinaire has not pre-approved. You acknowledge that service providers are independent contractors which are not affiliated to or employed by Art Culinaire, and that their services will be provided during ordinary business hours. (ge) The Terms and Conditions’ warranty provisions do not apply to: (i) Subsequent owners, grantees, receivers, or any party other than the original purchaser; o Except in the case the hood range is purchased by a third party for a homeowner (ii) Hoods Ranges used for commercial or non-household purposes; (iii) Hoods Ranges with their serial number removed or altered, or otherwise misapplied, mishandled, misused, subject to improper cleaning or installation, chemical action, or unauthorized alterations; and (iv) Hoods Ranges installed outside of the fifty states of the United States or the District of Columbia. (hf) Unless otherwise expressly stated herein, Art Culinaire expressly excludes from the Terms and Conditions’ warranty the costs of labor for the repair or replacement of damages or defects arising out of, related to, or caused by: (i) Aesthetic reasons; (ii) Manufacturing color variances; (iii) Owner negligence, improper or faulty use, installation, service, or repair; (iv) Improper, insufficient, or faulty house utilities or environment; (v) Improper or insufficient gas, electrical supply, and ventilation; (vi) Accidents, acts of God, unforeseeable events; (vii) Parts purchased outside of Art Culinaire’s service provider network; (viii) Work or services sourced outside of Art Culinaire’s service provider network and/or not approved by Art Culinaire; (ix) Travel, lodging, transportation, and other expenses associated with service by our direct employees or representatives requested outside our service coverage areas; o With the exception that no local service provider is an option (x) Premium time or overtime charged for labor otherwise covered by this warranty; and (xi) All circumstances otherwise outside the control of Art Culinaire. (ig) You acknowledge that these terms and conditions are exclusive of any and all other warranties, express or implied, including the warranty of merchantability, fitness for a particular purpose, or those arising out of trade usages, other than those expressly stated herein. These terms and conditions, including the warranty herein, may not be modified or superseded by representations or statements by Art Culinaire’s agents or representatives. (jh) To the maximum extent not prohibited under applicable law, Art Culinaire will not be responsible to you, your assigns, successors, or other third parties for property damage, bodily injury, loss of use and consequential or incidental damages, special damages, lost profits, costs of substitute goods or services under contract, tort, or any other theory of liability arising out of or related to the goods and services provided hereunder. Art Culinaire’s cumulative liability on any claim shall not exceed the wholesale price of the goods or services provided hereunder and giving rise to the claim.