Zephyr Corporation (referred to herein as “we” or “us”) warrants to the original consumer purchaser (referred to hereinas “you” or “your”) of Zephyr products (the “Products”) that such Products will be free from defects in materials or workmanship as follows:
Limited Warranty for Parts and LED lamps (See above chart for number of years): For (See above chart for number of years) from the date of your original purchase of the Products, Zephyr will provide, free of charge, Products or parts to replace those that failed due to manufacturing defects. Zephyr may choose, in our sole discretion, to repair or replace parts before we elect to replace the Products.
One Year Limited Warranty for Labor: For one year from the date of your original purchase of the Products, Zephyr will provide, free of charge, the labor cost associated with repairing the Products or parts to replace those that failed due to manufacturing defects. After the first year from the date of your original purchase, you are responsible for all labor costs associated with this warranty.
Warranty Exclusions: This warranty covers only repair or replacement, at Zephyr's option, of defective Products or parts and does not cover any other costs related to the Products including but not limited to: (a) normal maintenance and service required for the Products and consumable parts such as metal and carbon filters and fuses; (b) any Products or parts which have been subject to freight damage, misuse, negligence, accident, faulty installation or installation contrary to recommended installation instructions, improper maintenance or repair (other than by us); (c) commercial use of the Products or use otherwise inconsistent with its intended purpose; (d) natural wear of the finish of the Products or wear caused by improper maintenance, use of corrosive and abrasive cleaning products, pads, and oven cleaner products; (e) chips, dents or cracks caused by abuse or misuse of the Products; (f) service trips to your home to teach you how to use the Products; or (g) damage to the Products caused by accident, fire, floods or act of God. If you are outside our service area, additional charges may apply for shipping costs for warranty repair at Zephyr's designated service locations and for the travel cost to have a service technician come to your home to repair, remove or reinstall the Products. After the first year from the date of your original purchase, you are also responsible for all labor costs associated with this warranty.
Limitations of Warranty. ZEPHYR'S OBLIGATION TO REPAIR OR REPLACE, AT ZEPHYR'S OPTION, SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY. ZEPHYR SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS. THE EXPRESS WARRANTIES IN THE PRECEDING SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS WARRANTIES. ZEPHYR HEREBY DISCLAIM AND EXCLUDE ALL OTHER EXPRESS WARRANTIES FOR THE PRODUCTS, AND DISCLAIM AND EXCLUDE ALL WARRANTIES IMPLIED BY LAW, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states or provinces do not allow limitations on the duration of an implied warranty or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. To the extent that applicable law prohibits the exclusion of implied warranties, the duration of any applicable implied warranty is limited to the same two-year period described above. Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using, implementing or permitting use of the Products, you shall determine the suitability of the Products for the intended use, and you shall assume all risk and liability whatsoever in connection with such determination. We reserve the right to use functionally equivalent refurbished or reconditioned parts or Products as warranty replacements or as part of warranty service. This warranty is not transferable from the original purchaser and applies in the United States and Canada.
To Obtain Service Under Limited Warranty: To qualify for warranty service, you must: (a) notify Zephyr at the address or telephone number stated below within 60 days of the discovery of the defect; (b) give the model number and part identification number and serial number; and (c) describe the nature of any defect in the Product or part. At the time of the request for warranty service, you must present evidence of your proof of purchase and proof of the original purchase date. If we determine that the warranty exclusions listed above apply or if you fail to provide the necessary documentation to obtain service, you will be responsible for all shipping, travel, labor and other costs related to the services.