Warranty

Two Year Limited Warranty

Products to which this limited warranty
applies

This limited warranty applies to your newly
purchased Empire electric fireplace EF39.
This limited warranty applies only to
purchases made in any of the 50 States
of the USA (and the District of Columbia)
except for Hawaii and Alaska. This
limited warranty applies to the original
purchaser of the product only and is not
transferable.

Products excluded from this limited
warranty

Light bulbs are not covered by this
limited warranty and are the sole
responsibility of the owner/purchaser.
Products purchased in Hawaii or Alaska
are not covered by this limited warranty.
Products purchased in these States are
sold AS IS without warranty or condition
of any kind (including, without limitation,
any implied warranties or conditions of
merchantability or fitness for a particular
purpose) and the entire risk of as to the
quality and performance of the products
is with the purchaser, and in the event
of a defect the purchaser assumes the
entire cost of all necessary servicing or
repair.

What this limited warranty covers and for
how long

Products covered by this limited warranty
have been tested and inspected prior to
shipment and, subject to the provisions
of this warranty, Empire warrants such
products to be free from defects in
material and workmanship for a period of
2 years from the date of the first purchase
of such products.

Empire fireplace surrounds (mantels) and
trims covered by this limited warranty
have been tested and inspected prior to
shipment and, subject to the provisions
of this warranty, Empire warrants such
products to be free from defects in
material and workmanship for a period of
1 year from the date of first purchase of
such products.

The limited 2 year warranty period for
products other than fireplace surrounds
(mantels) and trims and the limited 1 year
warranty period for fireplace surrounds
(mantels) and trims also applies to any
implied warranties that may exist under
applicable law. Some jurisdictions do not
allow limitations on how long an implied
warranty lasts, so the above limitation may
not apply to the purchaser.

What this limited warranty does not cover

This limited warranty does not apply to
products that have been repaired (except
by Empire or its authorized service
representatives) or otherwise altered. This
limited warranty does further not apply
to defects resulting from misuse, abuse,
accident, neglect, incorrect installation,
improper maintenance or handling, or
operation with an incorrect power source.

What you must do to get service under
this limited warranty

Defects must be brought to the attention of
Empire by contacting your dealer. Please
have proof of purchase, catalogue/model
and serial numbers available. Limited
warranty service requires a proof of
purchase of the product.

What Empire will do in the event of a
defect

In the event a product or part covered
by this limited warranty is proven to be
defective in material or workmanship
during (i) the 2 year limited warranty
period for products other than fireplace
surrounds (mantels) and trims, and (ii)
the 1 year limited warranty period for
surrounds (mantels) and trims, you have
the following rights:

• Empire will in its sole discretion either
  repair or replace such defective
  product or part without charge. If
  Empire is unable to repair or replace
  such product or part, or if repair or
  replacement is not commercially
  practicable or cannot be timely
  made, Empire may, in lieu of repair
  or replacement, choose to refund the
  purchase price for such product or
  part.
• Limited warranty service will be
  performed solely by dealers or service
  agents of Empire authorized to provide
  limited warranty services.
• For products other than surrounds
  (mantels) and trims, this 2 year
  limited warranty entitles the purchaser
  to on-site or in-home warranty
  services. Accordingly, Empire will
  be responsible for all labour and
  transportation associated with
  repairing or replacing the product or
  part except as follows: (i) charges
  which may be levied for travel costs
  incurred to travel to the purchaser’s
  site where the product is located if
  the purchaser’s site is beyond 30
  miles (48 km) from the closest service
  depot of Empire’s dealer or service
  agent; and (ii) the purchaser is solely
  responsible for providing clear access
  to all serviceable parts of the product.
• For surrounds (mantels) and trims,
  this 1 year limited warranty does
  not entitle the purchaser to on-site
  or in-house warranty services. The
  purchaser is responsible for removal
  and transportation of the surrounds
  (mantels) and trims (and any repaired
  or replacement product or part) to
  and from the authorized dealer’s or
  service agent’s place of business.
  On-site or in-home services for
  surrounds (mantels) and trims may be
  performed at the purchaser’s specific
  request and expense at Empire’s
  then-current rates for such services.
  Empire will not be responsible for, and
  this limited warranty shall not include,
  any expense incurred for installation
  or removal of the surrounds (mantels)
  or trims or any part thereof (or any
  replacement product or part) including,
  without limitation, all shipping costs
  and transportation costs to and from
  the authorized dealer’s or service
  agent’s place of business and all
  labour costs. Such costs shall be the
  purchaser’s responsibility.

What Empire and its dealers and service
agents are also not responsible for:

IN NO EVENT WILL EMPIRE, OR
ITS DIRECTORS, OFFICERS, OR
AGENTS, BE LIABLE TO THE
PURCHASER OR ANY THIRD PARTY,
WHETHER IN CONTRACT, IN TORT,
OR ON ANY OTHER BASIS, FOR
ANY INDIRECT, SPECIAL, PUNITIVE,
EXEMPLARY, CONSEQUENTIAL,
OR INCIDENTAL LOSS, COST, OR
DAMAGE ARISING OUT OF OR IN
CONNECTION WITH THE SALE,
MAINTENANCE, USE, OR INABILITY
TO USE THE PRODUCT, EVEN
IF EMPIRE OR ITS DIRECTORS,
OFFICERS, OR AGENTS HAVE BEEN
ADVISED OF THE POSSIBILITY
OF SUCH LOSSES, COSTS OR
DAMAGES, OR IF SUCH LOSSES,
COSTS, OR DAMAGES ARE
FORESEEABLE. IN NO EVENT
WILL EMPIRE, OR ITS OFFICERS,
DIRECTORS, OR AGENTS BE LIABLE
FOR ANY DIRECT LOSSES, COSTS,
OR DAMAGES THAT EXCEED
THE PURCHASE PRICE OF THE
PRODUCT.

SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR
Warranty
13
Warranty
CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO THE
PURCHASER.

How State and Provincial law apply

This limited warranty gives you specific
legal rights, and you may also have other
rights which vary from jurisdiction to
jurisdiction. The provisions of the United
Nations Convention on Contracts for
the Sale of Goods shall not apply to this
limited warranty or the sale of products cover by this warranty.