TERMS OF SALE

Date of Last Revision: September 19, 2011



PLEASE READ THESE TERMS OF SALE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO YOU AND YOUR PURCHASE WHEN YOU MAKE AN ONLINE PAYMENT FOR PRODUCTS AND SERVICES PROVIDED EXCLUSIVELY BY NORITZ, EXCEPT TO THE EXTENT THAT YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH NORITZ THAT SUPERSEDES SOME OR ALL OF THESE TERMS. IN ADDITION TO THESE TERMS, THE TERMS OF USE APPLY.

1. Pricing and Availability

All prices for products and services (and the associated costs of transportation and federal, state and local taxes, if applicable) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

2. Installation Services

Installation services included in the sale of products sold through the Noritz website are for standard installations only. If there are conditions on your property that require additional non-standard installation services (e.g., gas lines over 10 feet, water piping over 20 feet, exhaust venting over 10 feet, distance from the nearest power source exceeding 10 feet, vertical vent installations that require additional parts and labor, etc.) or you want customized installation services, you will need to enter into a separate agreement with a Noritz-authorized installer to obtain those non-standard services. Any additional, non-standard services will be provided to you by the installer and not by Noritz. You will need to pay an additional fee to the installer for non-standard installation costs. If you have any questions about custom installations, please contact us at (888) 79-NORITZ.

3. Payment and Financing

Noritz currently accepts payment by check and credit card and financing provided by FTL Finance (see below for more details). If you do not want to submit your credit card information online, you can make your payment by calling our Accounting Department at (888) 79-NORITZ. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including costs of transportation and taxes) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. Your card will be authorized at the time you make your purchase, but will not be charged until you sign the Job Confirmation form prior to installation.
Financing is available to homeowners through Noritz’s partner, FTL Finance. Please refer to www.noritz.com/installnow and FTL Finance’s website for more information about the terms and conditions under which financing is available. You acknowledge that if you choose to finance your purchase, any lender/creditor relationship formed is strictly between you and FTL Finance.

4. Delivery; Title; Risk of Loss

The product(s) you purchase through the website will be delivered to you by a Noritz-authorized installer on the scheduled date of installation. Title and risk of loss will transfer from Noritz to you upon delivery of the product(s). In no event shall Noritz be liable for incidental, consequential or special damages arising out of or related to a delay or failure to deliver the product(s) to you.

5. Back Orders

If for some reason an item on your order is temporarily out of stock, we will back order that item for you. Once the item is in stock, we will contact you for your credit card information and schedule an installation date. If the back ordered item is no longer available, we will cancel the item from your order and notify you. If you have items on back order that you would like to cancel, please call us at (888) 79-NORITZ.

6. Cancellation Policy

You may cancel your order up until the time you sign the Job Confirmation form prior to installation. No cancellations after that point are permitted. In addition, if you cancel your order before Noritz confirms your installation date, you will not be subject to a cancellation fee. In the event you cancel your order after Noritz confirms your installation date but before you sign the Job Confirmation form, Noritz may, in its sole discretion, charge you a $250 cancellation fee.

7. Return Policy

All sales are final and no returns are permitted after you sign the Job Confirmation form, except in accordance with the product warranty (see Section 10 below). Services are non-refundable after performed. If you believe a product sold by Noritz has a condition or defect that might make it unsafe, please stop using the product and report the safety concern immediately by calling us at (888) 79-NORITZ.

8. Errors

We attempt to be as accurate as possible; however, we do not warrant that all product, service or pricing information is accurate, complete, current or error-free. In the event of an error, whether on the website, in an order confirmation, in processing an order, in delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

9. Limitation of Liability

NORITZ WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, NORITZ’S LIABILITY WITH RESPECT TO THE PRODUCTS AND SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS AND SERVICES BY YOU. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Limited Warranty

Noritz hereby warrants to the original consumer purchaser, in the originally installed location, (“Owner”) that all products will be free from any material defects in materials and workmanship and that installation services will be performed in a good and workmanlike manner. There are no warranties, express or implied, other than those contained in this Section 10, and all representations and affirmations made by Noritz or any other person are for illustrative purposes only. No agent, employee or representative of Noritz has any authority to bind Noritz to any affirmation, representation or warranty concerning the products, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included in this warranty, it will not be enforceable by the Owner.
To be eligible for the warranty: (i) the Owner must complete the Warranty Registration Form and Noritz must receive this form from the Owner within thirty-five (35) days from the date installation is completed; (ii) the product must be installed by a method recognized and authorized by Noritz in compliance with Noritz’s published materials, specifically indicated in writing to be applicable to the type and model number of the product; and (iii) the Owner must use the product in compliance with the instructions in the Installation Manual and Owner’s Guide, which are included with the product.
The warranty provided herein is extended by Noritz to the Owner for the duration of the applicable warranty period. The warranty takes effect on the date installation is completed and is effective until the applicable date below:
twelve (12) years replacement on the heat exchanger for products used in a single family dwelling;
five (5) years replacement on the heat exchanger for commercial products (beginning with the prefix “NC”) when the product is used in a commercial capacity, if it is used in other than a single family dwelling or if the product is supplied with pre-heated or circulated water;
three (3) years replacement on the heat exchanger for residential products (beginning with the prefix “NR”) when the product is used in a commercial capacity, if it is used in other than a single family dwelling or if the product is supplied with pre-heated or circulated water;
twelve (12) years or 6500 operational (burn) hours as recorded by the water heater, whichever occurs first, replacement on the heat exchanger for residential model series NR83, NR98, NRC111 and NRC98, when the product is used in a single family dwelling in conjunction with a controlled recirculation system installed in accordance with the installation manual;
five (5) years replacement of defective parts for parts other than the heat exchanger; and
one (1) year pre-approved reasonable labor by a Noritz Service Representative to repair manufacturer’s defects.
The warranty in this Section 10 becomes null and void if any of the following are determined to be contributing factors to failure of the product under this warranty: (A) abuse, neglect, misuse or misapplication; (B) improper, dangerous or destructive maintenance procedures; (C) use in conjunction with any unapproved device; (D) installation in an environment that is corrosive or otherwise destructive to the product, whether internal or eternal; (E) incorrect gas or water pressure; (F) incorrect sizing for the application; (G) use with improper gas type; (H) damage as a result of freezing within the unit or surrounding piping; (I) damage as a result of use with non-potable water, untreated or poorly treated well water or water with high PH levels or hardness levels in excess of 12 grains per gallon (200 mg/L) (refer to the “Water Quality” section of the Owner’s Guide for details); or (J) acts of God, including but not limited to fire, flood or natural disaster.
In the event of a Noritz-recognized defect, malfunction or failure to conform with this warranty and based upon Noritz’s approval of a warranty claim, Noritz, at its sole and absolute discretion, will repair or replace the product or defective parts without charge within thirty (30) days of Noritz’s receipt of written notice of such defect, malfunction or failure to conform to this warranty. In order to make a claim under this warranty, the Owner must notify Noritz or its authorized representative of the failure of the goods to conform to this warranty.
Under the warranty, Noritz will only provide replacement parts or units. The Owner will be responsible for any other costs incurred, including labor costs for servicing or replacing the part or unit, shipping, delivery and handling of the replacement part or unit, costs for permits or materials necessary for the repair or incidental costs resulting from damage external to the unit resulting from the failure.
NOTWITHSTANDING ANYTHING IN THIS SECTION 10 TO THE CONTRARY, EXCEPT FOR NORITZ’S AFFIRMATIVE OBLIGATIONS EXPRESSLY SET FORTH IN THIS SECTION, NORITZ DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND ITS FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INTELLECTUAL PROPERTY RIGHTS. NORITZ DISCLAIMS ALL OTHER OBLIGATIONS OR LIABILITIES ON ITS PART AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR NORITZ ANY OTHER LIABILITIES IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCT. THIS WARRANTY ONLY COVERS REPLACEMENT PRODUCTS OR PARTS THEREOF, AND DOES NOT COVER COST OF LABOR OR SERVICES UNDER ANY CIRCUMSTANCES. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

11. Governing Law

These Terms and all online sales of products and services shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions, unless the law of the state where installation services are performed applies based on the nature of this agreement.

12. Arbitration

It is important that you read this section carefully. In the unlikely event that any complaint or problem you have concerning our products or services is not resolved through communications with our customer service department, you and Noritz each agree to resolve disputes through binding arbitration. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Any controversy or claim arising out of or relating to these Terms shall be resolved by final and binding arbitration in accordance with the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), but the parties do not necessarily intend for the AAA to administer the arbitration. Any such arbitration may be conducted using telephonic, online or in-person procedures of the AAA, for which additional charges may apply. Any in-person arbitration will be conducted in the state where the product or service is provided. The allocation of costs and fees for such arbitration shall be determined in accordance with the AAA rules. The arbitration shall be conducted by a single, neutral arbitrator engaged in the practice of law who is mutually agreed upon by the parties. Judgment on the arbitration award may be entered in any court having competent jurisdiction.