NON-TRANSFERABLE LIMITED WARRANTY
Black Diamond Experts, LLC, a Utah limited liability company d/b/a Black Diamond Experts, and Black Diamond Electric, Plumbing, Heating and Air warrants and guarantees to the original purchaser (“Customer”), that should Customer accept and purchase Black Diamond Experts’ recommended repair, such repair shall be free from defect in materials and workmanship under normal use and conditions for one year or until the Unit in which the Covered Repair was performed, if applicable, is replaced (“Limited Warranty/Guarantee”). This Limited Warranty/Guarantee shall hereinafter be referred to as this “Warranty.”
This Warranty shall apply only to the recommended repair(s) performed by Black Diamond Experts. All non-recommended repairs and all non-repair services, including without limitation, drain cleaning services, and HVAC installation services, if performed by Black Diamond Experts, shall be covered by Black Diamond Experts’ applicable warranty as provided on the appropriate sales invoice or price quote issued to the Customer. This Warranty does not cover consumable products including, but not limited to bulbs, batteries and filters and does not extend to customer supplied equipment or materials. This Warranty does not apply to equipment that was not installed by Black Diamond Experts; repairs that were not performed by Black Diamond Experts; or repairs made necessary due to the failure of a non-covered part causing damage, whether in whole or in part, to the Covered Repair.
Black Diamond Experts shall not be responsible for and such Warranty shall be void in the event of damage or repairs resulting from abuse, misuse or improper use, neglect, Acts of God, unauthorized alteration, modification, or repair including repair or service of the Covered Repair by others, or improper operation. The Warranty shall be void if Customer does not finalize permit inspections (if required) which is Customer’s obligation or if the Customer fails to perform the manufacturer’s suggested maintenance or upkeep as required on the Covered Repair.
Customer agrees that Black Diamond Experts’ responsibility with respect to claims made under this Warranty shall be limited solely to the necessary service and repairs or, at Black Diamond Experts’ sole option, the replacement of the Covered Repair if found by Black Diamond Experts to be defective. This Warranty provided by Black Diamond Experts applies to materials and workmanship from the date of the performance of the Covered Work and terminates one year later or upon the replacement of the Unit that contains the Covered Repair.
Black Diamond Experts disclaims any liability for incidental or consequential damages, including lost or duplicated time, expenses or wages, accruing for any reason whatsoever to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Black Diamond Experts has been advised of the possibility of such damages.
If Black Diamond Experts determines that the Covered Repair must be replaced, Black Diamond Experts makes no guarantee that the same make and model will be available. In the event that a different make or model is provided pursuant to this Warranty, Customer will receive a model of substantially equal or approximate size and performance as the original Covered Repair.
Black Diamond Experts assumes no obligation to incorporate any modifications or improvements developed by the manufacturer in any goods or materials previously sold or in service. This Warranty provided is separate from and independent of any manufacturer’s warranty. In the event of a recall of any portion of the Covered Repair, whether voluntarily by the manufacturer or mandated by a governmental authority, the manufacturer’s warranty shall be primary and Customer shall comply with all manufacturer requirements for claims under such manufacturer’s warranty before making any claim under this Warranty.
This Warranty does not apply to any portion of the Covered Repair which has not been paid for according to the applicable terms of such purchase. The terms and conditions of this Warranty cannot be altered without Black Diamond Experts’ written consent. No agent of Black Diamond Experts has any authority to give any warranty that exceeds that listed in this Limited Warranty, and the Customer is therefore warned to read this Warranty carefully to make sure it correctly reflects those terms that are important to the Customer.
This Limited Warranty is exclusive and in lieu of all other express, statutory and implied warranties, including those of merchantability and fitness for any particular purpose.
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Covered Repair: Black Diamond Experts maintains a complete listing of all recommended repairs that constitute and make up the full range of Covered Repairs. A Customer will be informed in advance of a purchase if the repair work contemplated is with the Covered Repair terms and conditions. Generally, any work that is commonly considered to be a replacement rather than a repair (for example the purchase of a new water heater is a REPLACEMENT, not a repair) is not included within the definition of a Covered Repair.
Unit: is defined as an assembly of more than one part, for example, a furnace. If a covered recommended repair is a part within the furnace, once the furnace has outlived its useful life and is replaced, the Warranty on such part within the Unit (in this example, the furnace) is terminated.