be free of material defects in workmanship or materials for a period of one (1) year (“One-Year Warranty”) following the date of

initial purchase of such Product by an original customer purchasing from Therma-Stor or an authorized reseller (“Customer”);

following the date of initial purchase of such Product by a Customer.

THERMA-STOR’S ENTIRE LIABILITY THEREUNDER, SHALL BE, AT THE SOLE OPTION OF THERMA-STOR, REPLACEMENT

OR REPAIR OF SUCH PRODUCT OR ITS COMPONENTS (“COMPONENTS”) BY THERMA-STOR OR THERMA-STOR’S

Therma-Stor will provide, free of charge to Customer, all Components and labor (except costs related to removal and installation

of Product) required to fulfill its obligations under such One-Year Warranty.

WARRANTY PROVIDED WITH RESPECT TO THE PRODUCT AND ITS COMPONENTS, THERMA-STOR HEREBY DISCLAIMS

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

assignment or transfer. A “defect” under the terms of the limited warranty shall not include problems resulting from Customer’s

or Customer’s employees’, agents’, invitees’ or a third party’s misuse, improper installation, improper design of any system

in which the Product is included, abuse, lack of normal care, failure to follow written instructions, tampering, improper repair,

warranty claim to Therma-Stor such that Therma-Stor receives such claim prior to the end of the applicable warranty period.

Therma-Stor shall have no obligation hereunder with respect to any claim received by Therma-Stor after the expiration of the

applicable warranty period. As a further condition to obtaining warranty coverage hereunder, the Customer must present forms

of invoices evidencing proof of purchase of a Product. If such invoices do not clearly indicate the date of initial purchase by

a Customer, the applicable Product’s date of manufacture will be used instead of the date of initial purchase for the purpose

of calculating the commencement of the applicable warranty period. Warranty service must be performed by Therma-Stor or

a servicer authorized by Therma-Stor. In order to obtain warranty service, the Customer should call Therma-Stor at 1-800-

533-7533 and ask for the Therma-Stor Products Service Department, which will then arrange for applicable warranty service.

Warranty service will be performed during customary, daytime working hours. If the Product must be shipped for service,

Customer shall be solely responsible for properly packaging the Product, for all freight charges, and for all risk of loss associated

STOR, REGARDLESS OF THE NATURE OR THEORY OF THE CLAIM, SHALL UNDER NO CIRCUMSTANCES EXCEED THE

PURCHASE PRICE OF THE PRODUCT, COMPONENT OR PART UPON WHICH THE CLAIM IS PREMISED.

THE PRODUCT WILL BE BROUGHT EXCLUSIVELY IN DANE COUNTY, WISCONSIN, AND CUSTOMER CONSENTS TO THE

JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF

AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL

JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.

illegal or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or thereof or the whole of

this Limited Warranty. Any delay or failure by Therma-Stor to exercise any right or remedy will not constitute a waiver of