TEREAUX LIMITED Lifetime WARRANTY

THIS LIMITED WARRANTY (THE “WARRANTY”) GIVES THE ORIGINAL PURCHASER (“YOU”) OF A NEW PRODUCT DIRECTLY FROM TEREAUX HOLDING COMPANY (“WE” OR “US”), OR FROM OUR AUTHO- RIZED RETAILERS, SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER THE LAWS OF THE STATE WHERE YOU RESIDE. A COPY OF THIS WARRANTY IS AVAILABLE WITH OUR AUTHORIZED RETAILERS, CAN BE FOUND ONLINE AT [WWW.TEREAUX.COM/WARRANTY], AND IS INCLUDED IN THE DOCUMENTATION THAT WE PROVIDE WITH OUR PRODUCTS.

SUBJECT TO THE LIMITATIONS BELOW, WE WARRANT THAT DURING THE BELOW WARRANTY PERIODS, OUR PRODUCTS AND PARTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORK- MANSHIP WHEN ASSEMBLED, INSTALLED, USED AND MAINTAINED IN ACCORDANCE WITH OUR INSTRUCTIONS INCLUDED IN THE DOCUMENTATION THAT WE PROVIDE WITH OUR PRODUCTS AND FOUND ONLINE AT WWW.TEREAUX.COM:

Grates and Gas Burners Lifetime of the Original Purchaser, All other parts and Accessories 1 Year

WE ARE GIVING YOU THIS WARRANTY AND DISCLAIM ALL OTHER WARRANTIES, WHETHER EX- PRESS OR IMPLIED, AND CANNOT AND SHALL NOT BE LIABLE TO YOU FOR ANY OTHER EXPRESS OR IMPLIED WARRANTIES PROVIDED BY DISTRIBUTORS, DEALERS, SALESPERSONS OR ANY OTHER REPRESENTATIVES, WHETHER WRITTEN OR ORAL. OTHER THAN THIS WARRANTY, ALL PRODUCTS AND PARTS ARE SOLD AND PROVIDED ON AN “AS-IS” BASIS.

WITHOUT LIMITING THE FOREGOING, THE DURATION AND REMEDIES OF ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILI- TY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR SOLE LIABLITY AND RESPONSIBILITY FOR DEFECTIVE PRODUCTS OR PARTS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED IN THIS WARRANTY.

WHAT DOES THIS WARRANTY COVER AND FOR HOW LONG?

Subject to the terms of this Warranty, our products and parts are warranted to the original purchaser of a new product from us or an authorized retailer against defects in materials and workmanship for the warranty period set forth above (as applicable, the “Warranty Period”). The Warranty Period starts on the date of your original purchase from us or an authorized retailer, and is not extended if we repair or replace a product or part under the Warranty.

WHAT DOES THIS WARRANTY NOT COVER?

This Warranty will not cover you if you fail to assemble, install, use or maintain the products and parts according to our instructions, which are included with your product and available at www.tereaux.com/ manuals, or if the products or parts are used in communal, commercial or food-service uses, or in any manner other than private residential use.

This Warranty also does not cover any damage due to: (a) transportation or storage, (b) improper assembly, installation, use or maintenance or any failure to follow our instructions, (c) failure to perform normal, routine or preventive maintenance, (d) modifications or unauthorized repairs or use of unauthorized parts, (e) hostile environments, including coastal environments and use in proximity pools or hot tubs, or excessive exposures to UV, wind, heat, sun, rain, hail, snow, or other elements, (f) scratches, dents, deterioration or chipping of paint, plating or other surfaces, discoloration from heat, warping of heat trays or baffles, or other normal wear and tear, or (g) other external causes such as accidents, fires, abuse, misuse, alteration, misapplication, vandalism, or other actions or events beyond our reasonable control. This Warranty also does not cover any unauthorized or third party components, parts, or accessories used by you, or damage or defects caused by such components, parts or accessories.

Whether or not a defect or damage is excluded from this Warranty is determined by us in our sole and absolute discretion.

WHO MAY USE THIS WARRANTY?

We extend this Warranty only to the original purchaser of a new product directly from us or from an authorized retailer. The Warranty does not extend to any purchases of used products (including retailer floor models), or to any subsequent owner or other transferee of a product.

This Warranty will not apply and will be void if: (a) the product is not assembled, installed, operated or maintained in accordance with our instructions included with your product and available at www. tereaux.com/manuals, (b) the product is not purchased in new condition from us or an authorized retailer, (c) the product is resold or transferred to another owner, (d) you have modified the product or have been offered replacement parts under this Warranty free of change and elect to use third party components, parts, or accessories, (e) the product has been used in a communal, commercial or food service application; or (f) you have allowed the product to become damaged, abused or exposed to excessive elements (UV, wind, heat, sun, rain, hail, snow, or others).

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

With respect to any defective product or part during the Warranty Period, we will, in our sole and ab- solute discretion, either repair or replace, free of charge, products or parts that prove to be defective in materials or workmanship under proper and normal assembly, installation, use and maintenance, as we determine in our sole discretion. We may replace products or parts with new or refurbished products or parts in our sole discretion. We will also pay for return shipping and handling fees to return the repaired or replacement product or part to you.

Repair or replacement of a defective product or part is our entire liability and your sole and exclu- sive remedy.

How Do You Obtain Warranty Service?

To obtain warranty service, you, or your authorized dealer, must email our customer service depart- ment at service@tereaux.com during the Warranty Period, and no later than ninety (90) days of when
a potential problem becomes known to you, to obtain a Defective Merchandise Authorization (“DMA”) number. The foregoing prompt notice of a potential problem allows us to timely repair or replace a de- fective product or part, without prompt notice a problem may be unable to be fixed under this Warranty or may result in other problems that will not be covered by this Warranty.

When you contact us for a DMA, you will be required to provide (a) your name and contact information, (b) the serial number of the product and location that the product is used or installed, (c) description of the problem and date first discovered, and (d) proof of purchase from us or an authorized retailer, so please retain a copy of your receipt or invoice. To provide a DMA number, we may require that you provide reasonable evidence of the problem, including participating in video chats, phone conversa- tions, providing photos, and providing other relevant information. No warranty service will be provided without a DMA number. Products or parts approved for a return must be returned to us at your cost, postage prepaid, and include the DMA number for our reference. We are not responsible for returned products or parts lost in transit.

We will determine if your warranty claim is covered under this Warranty in our sole discretion and a failure to follow the procedures herein may void your warranty claim.

Our products and parts are designed to be modular to allow for at-home repairs by our customers or repairs by our authorized dealers. Our entire obligation under this Warranty is to provide you or your authorized dealer with, in our sole discretion, replacement products or parts for any products or parts deemed by us to be defective and to provide instructions on how to replace the part. Any installation or labor charges connected with the replacement or reinstallation of defective products or parts shall be paid at your expense. This Warranty imposes no obligation on us to keep all products or parts in stock, and based on the availability of products or parts, we may provide you a prorated credit towards a new product.

We frequently update the design of our products and parts, and nothing contained in this Warranty shall be construed as obligating us to incorporate such design updates into previously manufactured products or parts, nor shall such updates be construed as an admission that any previous designs were defective.

Customers outside of the United States and Canada should note that NOT all warranty policies stated herein are consistent globally. Customers should contact the local distributor in their current country for instructions regarding warranty claims specific to that country. The process described herein will not work for international warranty requests.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF OR RELATING TO YOUR USE OF OUR PRODUCTS, WHETHER A CLAIM IS FOR BREACH OF WARRANTY, PRODUCT DEFECT, NEGLIGENCE, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

What Can You Do In Case of a Dispute with Us?

The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this Warranty. If you are dissatisfied with the remedy provided to you under this Warranty or have any other claim or dispute against us related to our products, you agree to submit such disagreement or dispute initially to mediation. If we are unable to resolve the disagreement or dispute with you by mediation, you agree that the matter will be submitted to binding arbitra- tion pursuant to the Commercial Arbitration Rules of the American Arbitration Association (including the Optional Appellate Arbitration Rules) or another similar mutually agreeable association or service. The mediation and arbitration shall be carried out in Reno, Nevada, and judgment upon the award rendered pursuant to such proceeding may be entered in any court having jurisdiction thereof. The dispute resolution process described herein will apply to all claims and disputes of any nature relating to our products including, without limitation, claims for breach of contract or breach of warranty, claims for violation of state or federal laws or regulations, claims based in tort, negligence or product liability, claims based in fraud or fraud in the inducement, marketing or advertising claims and claims related to the enforceability or effect of any term of this Warranty or this dispute resolution process, including, but not limited to, the waivers of class action and jury trials.

You must use the above informal procedure, which limits your ability to pursue legal remedies in the courts.

WAIVER OF CLASS AND CONSOLIDATED ACTION. ALL CLAIMS AND DISPUTES OF ANY NATURE RELATED TO OUR PRODUCTS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU AGREE THAT YOU MAY ASSERT CLAIMS OR DISPUTES AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL. YOU HEREBY WAIVE ALL RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY, AND INSTEAD ELECT THAT ALL CLAIMS AND DISPUTES OF ANY NATURE RELATED TO OUR PROD- UCTS SHALL BE RESOLVED BY ARBITRATION AS CONTEMPLATED BY THIS WARRANTY. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND US IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. SOME STATES DO NOT ALLOW THE FOREGOING WAIVERS, SO THEY MAY NOT APPLY TO YOU.

Governing Law

This Warranty shall be governed by, construed and enforced according to the laws of the State of Nevada, notwithstanding any conflicts of law or choice of law principle to the contrary.

Revisions to Warranty

We may amend the terms of this Warranty or change its availability at our sole discretion, but any amendments or changes will not be retroactive.

Jurisdiction Specific Provisions
For Residents of Quebec: Certain provisions of this Warranty will not apply to residents of Quebec to whom the Quebec Consumer Protection Act applies.

For Residents of California: EXCEPT AS PROVIDED IN THIS WARRANTY, OUR PRODUCTS ARE SOLD ON AN “AS-IS” BASIS AND YOU HAVE ALL RISK AS TO QUALITY AND PERFORMANCE AND ASSUME THE COST OF SERVICE AND REPAIR. Our authorized retailers located in California are authorized to service and repair our products and parts, and to replace parts under this Warranty. These retailers also have access to service information and replacement parts under this Warranty. A list of California authorized retailers is available at [www.tereaux.com/dealers]. Certain other provisions of this Warranty may not apply to residents of California to whom the California Song-Beverly Consumer Warranty Act applies.

If you have any questions on this Warranty, or its terms or application, please contact us at service@ tereaux.com.

OUR RETURN POLICY

Review Our Return Policy Here