Bonfe’s Plumbing, Heating & Air Service, Inc., a Minnesota corporation (“Bonfe”) warrants to the original purchaser (“Customer”) that its accepted and purchased recommended repair and/or equipment (“Goods and Services”) will be free from defect in materials and workmanship under normal use for as long as the Customer owns the residence in which the Goods and Services were provided (“Lifetime Warranty”).
This Lifetime Warranty shall apply only to the recommended Goods and Services made by Bonfe. All non-recommended repairs and all non-repair services, including drain cleaning, shall be covered by Bonfe’s standard warranty provided on the sales invoice issued to the Customer. This Lifetime Warranty does not apply to equipment that was not installed by Bonfe or repairs that were not performed by Bonfe. Bonfe will not be responsible for damage or repairs resulting from abuse, misuse, or neglect, unauthorized alteration, modification, or repair, or improper operation.
Customer agrees that Bonfe’s responsibility with respect to a Lifetime Warranty claim is solely limited to service and repairs or, at Bonfe’s option, replacement of the Goods and Services if found by Bonfe to be defective. The Lifetime Warranty provided by Bonfe applies to materials and workmanship from the date of the installation of the Goods or the date of the Service to the date that the Customer no longer owns the residence in which the Goods were installed or the Services were performed. Bonfe disclaims any liability for incidental or consequential damages, including lost or duplicated time or expense, accruing for any reason to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Bonfe has been advised of the possibility of such damages.
If Bonfe determines that the Goods must be replaced, Bonfe makes no guaranty 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 Goods. Bonfe assumes no obligation to incorporate any modifications or improvements developed by the manufacturer in any Goods previously sold or in service. This Lifetime Warranty provided is separate from and independent of any manufacturer’s warranty. In the event of a recall of the Goods, whether voluntarily by the manufacturer or mandated by any 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 Lifetime Warranty claim. This Lifetime Warranty does not apply to the increased cost of repair or replacement of a Good or Service attributable to the enforcement of any ordinance or law regulating the use, repair, or replacement of any Good or Service.
This Lifetime Warranty does not apply to any Goods or Services which have not been paid for according to the applicable terms of purchase. The terms and conditions of this Lifetime Warranty cannot be altered without Bonfe’s written consent. No agent of Bonfe has any authority to give any warranty that exceeds those listed in this Lifetime Warranty, and Customer is therefore warned to read this contract carefully to make sure it correctly reflects those terms that are important to Customer. This Lifetime Warranty is exclusive and in lieu of all other express, statutory, and implied warranties, including those of merchantability and fitness for any particular purpose. Notwithstanding anything contrary herein, Customer agrees to pay Bonfe the applicable standard service call fee for each service request by Customer under this Lifetime Warranty.