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HOME ELEMENTS, INC ("HE")

HOME ELEMENTS FAUCET LIMITED LIFETIME WARRANTY

EFFECTIVE JANUARY 1, 2010

HE offers the following limited warranty on each of its Faucet products* (the “Product”) and the components thereof. This warranty extends only to the original owner or end-user for personal household use. For commercial uses, additional limitations apply.

HE warrants the structural components of the Product to be free from defects in workmanship and materials under normal use and service for the period commencing from the initial date of purchase by the owner or end-user, contractor, or builder, from HE or an authorized HE dealer, through the lifetime of the original owner or end-user.

HE warrants the cartridge component of the Product to be free from defects in workmanship and materials under normal use and service for a period of five (5) years from the initial date of purchase by the owner or end-user, contractor, or builder, from HE or an authorized HE dealer.

HE warrants the spray assembly component of the Product to be free from defects in workmanship and materials under normal use and service for a period of one (1) year from the initial date of purchase by the owner or end-user, contractor, or builder, from HE or an authorized HE dealer.

Subject to the Warranty Service provision below, any product reported to the authorized dealer or to HE as being defective within the warranty period will be repaired or replaced (with a product of equal value) at the option of HE. This warranty extends to the original owner or end-user and is not transferable to a subsequent owner.

Neither the distributor, authorized HE dealer, nor any other person has been authorized to make any affirmation, representation, or warranty other than those contained in this warranty. Any affirmation, representation, or warranty other than those contained in this warranty shall not be enforceable against HE or any other person.

HE reserves the right to modify this warranty at any time, it being understood that such modifications will not alter the warranty conditions applicable at the time of sale of the products in question.

Limitations
This warranty shall not apply to instances of incorrect operating procedures, breakages, or damages caused by fault through improper installation, carelessness, abuse, misuse, misapplication, improper maintenance, or alteration of the Product, as well as chemical or natural corrosion, accident, fire, flood, an act of God, or any other casualty. Avoid abrasive cleaners, steel wools, and harsh chemicals as these will scratch, damage, and / or dull the product and / or finish and void this warranty. The owner/end-user of the Product covered by the present warranty is entirely responsible for its proper installation and any applicable plumbing or electrical wiring. HE neither installs nor supervises the installation nor hires a contractor for this purpose; consequently, HE cannot be held responsible for any default, breakage, or damages caused thereby or resulting thereof, either directly or indirectly.

The owner/end-user must provide access to the components of the Product as described in the installation guide so that HE can execute the warranty specified herein. If such access is not available, all expenses to provide said access will be the responsibility of the owner/end-user.

This warranty does not apply to Products that have not been installed or operated in accordance with instructions supplied by HE and all applicable rules, regulations, and legislation pertaining to such installations.

This warranty does not apply unless the HE Product is installed by fully insured licensed professionals. HE strongly recommends that such licensed professionals have experience in the installation of bathroom and kitchen products. Installation of certain products, including without limitation glass products (i.e., shower doors and glass sinks) by an inexperienced person may result in glass breakage and, consequently, cause personal injury or death.

HE is not liable for personal injuries or deaths to any persons or for any direct, special, incidental, or consequential damage, loss of time, loss of profits, inconvenience, incidental expenses, labor or material charges, or any other costs resulting from the use of the product or equipment or pertaining to the application of the present warranty, or resulting from the removal or replacement of any product or element or part covered by this warranty.

EXCEPT AS OTHERWISE PROVIDED ABOVE, HE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY CODE.

In any case, HE cannot be held liable for any amount over and above the purchase price paid for the Product by the owner/end-user, contractor, or builder.

Commercial LimitationsIn addition to the above conditions and limitations, the warranty period for products installed for commercial applications or used in commercial ventures is one (1) year from the initial date of purchase by the owner/end-user, contractor, or builder from an authorized dealer. HE is not responsible for loss of use or profit under any circumstances. If the product is used as a display, the warranty period begins when the product is placed on display. This warranty gives the owner/end-user specific legal rights. The owner/end-user may also have other rights which can vary from one state or province to another.

Warranty ServiceIn order to obtain service provided under this warranty during regular business hours, contact the dealer or distributor who sold the unit, or contact HE directly. HE will provide the warranty service described above when the following conditions have been met: the failure is of the nature or type covered by the warranty; the user has informed an authorized HE Agent or HE’s warranty service department representative of the nature of the problem during the warranty period; conclusive evidence (e.g., proof of purchase or installation) is provided to the foregoing by the user proving that the failure occurred or was discovered within the warranty period; an authorized independent service person or company representative has been permitted to inspect the product during regular business hours within a reasonable time after the problem was reported by the user. HEs warranty obligation shall be discharged upon tender of replacement or repair. The customer’s refusal to accept the tender terminates HE’s warranty obligations.

*Certain models are pending approval.
Certification may be ended by HE or certification agencies without notice.