P-K THERMIFIC® Gas-Fired Boiler637 LIMITED WARRANTYLIMITED WARRANTYSubject to the terms and conditions herein, Harsco Industrial, Patterson-Kelley, Seller, warrants to the original owner at the original installationsite that products manufactured by Seller will be free from defects in materials and workmanship for a period of one (1) year from date of start up(the "Warranty Period"), provided that start up is completed within six months from the date of shipment. The heat exchanger and burner will bewarranted for a period of five (5) years and a ten (10) year warranty against failure due to thermal shock from the date of shipment (the "Warran-ty Period").REMEDYThe sole remedy of this warranty is expressly limited to the repair or replacement of any part found to be defective under conditions of normaluse within the Warranty Period. Installation is not included.WARRANTYThe owner must notify the original installer of the Product and Seller (Attention: Harsco Industrial, Patterson-Kelley, 100 Burson Street, EastStroudsburg, PA 18301), in writing, within the Warranty Period, providing a detailed description of all claimed defects. Transportation to the fac-tory or other designated facility for repairs of any products or items alleged defective shall, in all events, be the responsibility and at the cost ofthe owner.EXCLUSIONSSeller shall have no liability for and this warranty does not cover:1)Incidental, special or consequential damages, such as loss of the use of products, facilities or production, inconvenience, loss of time or laborexpense involved in repairing or replacing the alleged defective Product.2)The performance of any Product under conditions varying materially from those under which such Product is usually tested under industrystandards at of the time of shipment3)Any damage to the Product due to abrasion, erosion, deterioration, abnormal temperatures or the influence of foreign matter or energy.4)The design or operation of owner's plant or equipment or of any facility or system of which any Product may be made a part.5)The suitability of any Product for any particular application.6)Any failure resulting from misuse, modification not authorized by Seller in writing, improper installation or lack of or improper maintenance.7)Equipment furnished by the owner, either mounted or unmounted, or when contracted for by the owner to be installed or handled.8)Leakage or other malfunction caused by:i)Defective installations in general and specifically, any installation which is made:(a)In violation of applicable state or local plumbing housing or building codes,(b)Contrary to the written instructions furnished with the unitii)Adverse local conditions in general and, specifically, sediment or lime precipitation in the tubes and/or headers or corrosive ele-ments in the atmosphere.iii)Misuse in general and, specifically, operation and maintenance contrary to the written instructions furnished with the unit, discon-nection, alteration or addition of components or apparatus, not approved by Seller, operation with fuels or settings other thanthose set forth on the rating plate or accidental or exterior damage.9)Production of noise, odors, discoloration or rusty water.10)Damage to surrounding area or property caused by leakage or malfunction.11)Costs associated with the replacement and/or repair of the unit including: any freight, shipping or delivery charges, any removal, installationor reinstallation charges, any material and/or permits required for installation, reinstallation or repair, charges to return the boiler and orcomponents. Seller's liability under this warranty shall not in any case exceed the amount paid for the Product found to be defective.THIRD-PARTY WARRANTIESFor goods or components not manufactured by Seller, the warranty obligations of Seller shall, in all respects, conform and be limited to one (1)year from the date of shipment.SEVERABILITYTo the extent that any provision of this warranty would be void or prohibited under applicable law, such provisions shall be limited in effect to theminimum extent necessary to render the remaining provisions hereof enforceable.NO OTHER WARRANTIESSeller makes no implied warranty of merchantability or fitness for a particular purpose or other warranties with respect to any products or servic-es except as expressly set forth in this limited w arranty.