99
c l i m a t e m a s t e r. c o m
T H E S M A R T S O L U T I O N F O R E N E R G Y E F F I C I E N C Y
P a c k a g e d U n i t s
R e v. : 1 / 0 6 / 0 9 B
CLIMA
TE MASTER, INC.
LIMITED EXPRESS
W
ARRANTY
/LIMIT
A
TION OF
REMEDIES
AND LIABILITY
(FOR INTERNA
TIONAL
CLASS PRODUCTS)
It is expressly understood that unless a statement is speci
À
cally
identi
À
ed as a warranty
, statements made by Climate Master
, Inc., a Delaware corporation, U. S.
A. (“CM”) or its representatives, rel
ating to CM’
s products, whether oral,
written or contained in any sales literature, catalog or agreement, are not express warranties and do not form a part of the ba
sis of the bar
gain, but are merely CM’
s opinion or commendation of CM’
s products.
EXCEPT
AS
SPECIFICALL
Y
SET
FOR
TH HEREIN,
THERE IS NO EXPRESS
W
ARRANTY
AS
T
O
ANY
OF
CM’S PRODUCTS.
CM MAKES NO
W
ARRANTY
AGAINST
LA
TENT
DEFECTS. CM MAKES NO
W
ARRANTY
OF
MERCHANT
ABILITY
OF
THE GOODS OR OF
THE FITNESS OF
THE GOODS FOR
ANY
P
AR
TICULAR PURPOSE.
GRANT
OF
LIMITED EXPRESS
W
ARRANTY
CM warrants CM products purchased and shipped outside the United States and Canada to be free from defects in material and work
manship under normal use and maintenance as follows: (1)
All complete air conditioning, heating
and/or heat pump units built or sold by CM for twelve (12) months from date of unit start-up or eighteen (18) months from date
of shipment (from factory), whichever comes
À
rst; and, (2) Repair and replacement parts, which are not
supplied under warranty
, for nintey (90) days from date of shipment (from factory).
All parts must be returned to CM’
s factory
in Oklahoma City
, Oklahoma, freight prepaid, no later than sixty (60) days after the date of the failure of
the part; if CM determines the part to be detective and within CM’
s Limited Express
W
arranty
, CM shall, when such part has been
either replaced or repaired, return such to a factory recognized dealer
, contractor or service or
ganiza-
tion, EX-WORKS (Incoterms 1990), CM’
s factory
, Oklahoma City
, Oklahoma, U.S.A.
The warranty on any part repaired or replaced un
der warranty expires at the end of the original warranty period.
This warranty does not cover and does not apply to: (1)
Air
À
lters, fuses, refrigerant,
Á
uids, oil; (2) Products relocated after initial installation; (3)
Any portion or component of any system that is not supplied
by CM, regardless of the
cause of the failure of such portion or component; (4) Products on which the unit identi
À
cation tags or labels have been removed or defaced; (5) Products on which payment to CM is or has been in default; (6) Product
s which have
defects or damage which result from improper installation, wiring, electrical imbalance characteristics or maintenance; or are
caused by accident, misuse or abuse,
À
re,
Á
ood, alteration or mis application of the product; (7) Products
which have defects or damage which result from a contaminated or corrosive air or liquid supply
, operation at abnormal temperat
ures, or unauthorized opening of refrigerant circuit; (8) Mold, fungus or bacteria damages; (9) Products
subjected to corrosion or abrasion; (10) Products manufactured or supplied by others; (1
1) Products which have been subjected t
o misuse, negligence or accidents; (12) Products which have been operated in a manner contrary to CM’
s
printed instructions; or (13) Products which have defects, damage or insuf
À
cient performance as a result of insuf
À
cient or incorrect system design or the improper application of CM’
s products.
CM is not responsible for: (1)
The costs of any
Á
uids, refrigerant or other system components, or associated labor to repair or replace the same, which is incurred as a result
of a defective part covered by CM’
s Limited Express
W
arranty; (2)
The costs of labor
, refrigerant, materials or service incurred in removal of the defective part, or in obtaining
and replacing the new or repaired part (except for the limited labor coverage set forth above); or
, (3)
T
ransportation costs of the defective part from the installation site to ClimateMaster or of the return of any part not covered
by CM’
s Extended Limited Express
W
arranty
.
Limitation:
This Limited Express
W
arranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein,
it is determined that other warranties exist, any such express warranty
, including without
limitation any express warranties or any implied warranties of
À
tness for particular purpose and merchantability
, shall be limited to the duration of the Limited Express
W
arranty
.
LIMIT
A
TION OF
REMEDIES
In the event of a breach of the Limited Express
W
arranty
, CM will only be obligated at CM’
s option to repair the failed part or
unit or to furnish a new or rebuilt part or unit in exchange for the part or unit which has failed. If after
written notice to CM’
s factory in Oklahoma City
, Oklahoma of each defect, malfunction or other failure and a reasonable number
of attempts by CM to correct the defect, malfunction or other failure and the remedy fails of its essential
purpose, CM shall refund the purchase price paid to CM in exchange for the return of the sold good(s). Said refund shall be the
maximum liability of CM.
THIS REMEDY
IS
THE SOLE
AND EXCLUSIVE REMEDY
OF
THE
BUYER OR PURCHASER
AGAINST
CM FOR BREACH OF
CONTRACT
, FOR
THE BREACH OF
ANY
W
ARRANTY
OR FOR CM’S NEGLIGENCE OR IN STRICT
LIABIL
ITY
.
LIMIT
A
TION OF
LIABILITY
CM shall have no liability for any damages if CM’
s performance is delayed for any reason or is prevented to any extent by any e
vent such as, but not limited to: any war
, civil unrest, government restrictions or restraints, strikes,
or work stoppages,
À
re,
Á
ood, accident, shortages of transportation, fuel, material, or labor
, acts of God or any other reason beyond the sole control
of CM.
CM EXPRESSL
Y
DISCLAIMS
AND EXCLUDES
ANY
LIABILITY
FOR CONSEQUENTIAL
OR INCIDENT
AL
DAMAGE IN CONTRACT
, FOR BREACH OF
ANY
EXPRESS OR IMPLIED
W
ARRANTY
, OR IN
T
OR
T
, WHETHER FOR CM’
s NEGLIGENCE OR
AS STRICT
LIABILITY
.
OBT
AINING W
ARRANTY
PERFORMANCE
Normally
, the contractor or service or
ganization who installed the products will provide warranty performance for the owner
. Sh
ould the installer be unavailable, contact any CM recognized dealer
, contractor or service or
ganization. If
assistance is required in obtaining warranty performance, write or call:
Climate Master
, Inc. • Customer Service • 7300 S.W
. 44th Street • Oklahoma City
, Oklahoma, U.S.A. 73179 • (405) 745-600
0 • F
AX (405) 745-6068
NOTE:
Some countries do not allow limitations on how long an implied warranty lasts, or the limitation or exclusions of consequential
or incidental damages, so the foregoing exclusions and limitations may not apply to you.
This
warranty gives you speci
À
c legal rights, and you may also have other rights which vary from state to state and country to country
.
Please refer to the CM Installation, Operation and Maintenance Manual for operating and maintenance instructions.
*LC079*
LC079
Rev
.: 3/03
International Warranty
Summary of Contents for Genesis Compact (GC) Series
Page 2: ......
