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Warning - Firestones
WARNING -READ CAREFULLY BEFORE USE
Acceptance of Risk. User acknowledges and accepts that use or improper installation of firestones may result in cracking, popping or explosion, which can cause damages to property, bodily injury or death. Cracking OR POPPING may occur, especially when stones are wet or humid.
Installation and Use. Stones must be inspected BY THE USER prior to INSTALLATION. any stone with hairline cracks must be discarded before usage. Our natural fire decorative stones are basalt volcanic stones and have been known to be heat-resistant when used with standard gas and ethanol fireplaces and under non-extreme heat. Optimal efficiency may be achieved with burners up to 90,000 BTUs and have been used with units ranging from 45,000 to 180,000 BTUs. Firestones must be installed and used: (i) with standard gas and ethanol fireplaces, (ii) in dry and clean conditions, (iii) with a clearance space around the burner and all openings, and (iv) with clean nozzles clear of any obstacles. STONES MUST NOT COVER THE BURNER.
When using for the first time, let the fire burn for at least 1-2 hours while keeping a safe distance in the rare occurrence that breakage or popping occurs. For future utilizations, start fire pit or fireplace at low temperature to let any moisture evaporate.
NOTWITHSTANDING ANYTHING TO THE CONTRARY: (1) IN NO EVENT WILL STONE DECORATIVE’S AND ITS OFFICERS, OWNERS AND AGENTS’ (“THE SELLER PARTIES”) LIABILITY ARISING OUT OF, OR RELATED TO, THE PRODUCT, EXCEED THE PRICE PAID TO STONE DECORATIVE FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY AND (2) IN NO EVENT WILL THE SELLER PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES OF ANY TYPE OR KIND.
Warranty
PRODUCT WARRANTY AND DISCLAIMERS
1.1 Coverage. Stone Decorative (the “Seller”) warrants that all of its products (the “Products”) will be free from defects for a period of 60 days from the date of shipment (the “Warranty Period”).
1.2 Exceptions. This warranty does not apply to any Product that: (i) has been used in a manner not in compliance with Seller’s or manufacturer’s documentation and instructions, (ii) has had changes, alterations or repairs made by a person other than a person authorized by Seller, (iii) has been improperly installed or used, (iv) has been installed or used with fireplaces not installed or used in accordance with manufacturer’s documentation and instructions, (v) has been subjected to improper storage, accident, neglect, misuse or abuse, (vi) has been damaged during shipping, (vii) has been subject to normal wear and tear, or (viii) shows efflorescence or natural appearances changes once used outside or exposed to the elements. Stones and glass Products are composed of a variety of darker and lighter tones, therefore the Seller cannot guarantee the specific color or color matching.
1.3 Acceptance of Risk. Customer acknowledges and accepts that use or improper installation of firestones may result in cracking, popping or explosion, which can cause damages to property, bodily injury or death. To minimize such risks, proper installation, use, and maintenance of the firestones and fireplace in accordance with all applicable seller and manufacturer’s recommendations, codes, laws and regulations is critical. Cracking may occur, especially when stones are wet or humid. Firestones must not be used with other substances such as sand and when stones are wet or humid.
1.4 Installation and Use. STONES MUST BE INSPECTED BY THE USER PRIOR TO INSTALLATION. ANY STONE WITH HAIRLINE CRACKS MUST BE DISCARDED BEFORE USAGE. Firestones must be installed and used: (i) with standard gas and ethanol fireplaces, (ii) under non-extreme heat (below 90,000 BTUs), dry and clean conditions, (iii) with a clearance space around the burner and all openings, and (iv) with clean nozzles clear of any obstacles. STONES MUST NOT COVER THE BURNER.
1.5 Claims. To benefit from this warranty, customer must notify Seller in writing of the Product defect, which notice shall include a reasonable description of the defect, within thirty (30) days from the date such defect is discovered or ought to have been discovered.
1.6 Remedy. During the Warranty Period and subject to the terms herein, Seller will, at its option, either: (i) repair or replace the Product or any defective parts or components with Product, parts or components free from defect or (ii) credit or refund the purchase price of the Product. If Seller so requests, customer must return the defective Product to Seller’s place of business, at Seller’s cost. THE FOREGOING SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT IN THE PRODUCT, ITS PARTS AND COMPONENTS AND FOR ANY BREACH OF THE WARRANTY HEREIN.
1.7 Disclaimer. EXCEPT AS SET FORTH IN THIS SECTION 1, EACH OF SELLER, ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, SUBCONTRACTORS AND REPRESENTATIVES (THE “SELLER PARTIES”) DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE AND CUSTOMER HEREBY EXPRESSLY WAIVES ANY RIGHT RELATED THERETO.
2 LIMITATION OF LIABILITY
2.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SELLER PARTIES’ LIABILITY ARISING OUT OF, OR RELATED TO, THE PRODUCT OR ITS PARTS AND COMPONENTS, WHETHER PURSUANT TO CONTRACTUAL OR EXTRACONTRACTUAL LIABILITY, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE PRICE PAID TO SELLER FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.
2.2 Exclusion of Consequential and Similar Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SELLER PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, DAMAGES DUE TO PRODUCT FAILURE, WORK STOPPAGE OR DELAYS IN DELIVERY) ARISING OUT OF, OR IN ANY WAY CONNECTED TO, THE PRODUCT OR ITS USE, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, REGARDLESS OF CAUSE, EVEN IF THE SELLER PARTIES HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM.
3 APPLICABILITY
3.1 The terms herein constitute the only warranty given by Seller with respect to the Product. No other terms and conditions, whether included on a purchase order or in any other document, shall apply or bind the Seller with respect to the Product warranty and all such terms and conditions and documents are expressly disclaimed.
4 GOVERNING LAW
4.1 These warranty terms will be governed by and construed under the laws in force in the Province of Quebec, Canada, excluding its conflict of law rules.
