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
Vertical DOAS
R e v. : 0 1 / 3 1 / 1 3
41
c l i m a t e m a s t e r . c o m
CLIMA
TE MASTER, INC.
LIMITED EXPRESS
W
ARRANTY/ LIMIT
A
TION OF
REMEDIES
AND LIABILITY
FOR
TRANQUILITY
OA
(T
O) SERIES
AND GENESIS OA
(GO) SERIES 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, (“CM”) or its representatives, relating 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
g
ain, 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
A
R
T
ICULAR PURPOSE.
GRANT
OF
LIMITED EXPRESS
W
ARRANTY
CM warrants only to its original purchaser all CM
T
ranquility OA
(T
O) Series and Genesis OA
(GO) Series units purchased and ret
ained in the United States of
America and Canada to be free from defects in material and
workmanship under normal use and maintenance as follows: (1)
All complete units built or sold by CM for twenty-four (24) months
from date of shipment (from factory); (2) Repair and replacement parts, which are not supplied
under warranty
, for ninety (90) days from date of shipment (from factory).
All parts must be returned to CM’
s factory in Oklah
oma 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 defective 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
ganization, F
.O.B. CM’
s factory
, Oklahoma City
, Oklahoma, freight prepaid.
The warranty on any part repaired or replaced unde
r warranty expires at the end of the original warranty period. In order for this warranty to be valid,
a ST
AR
T
-UP
REPOR
T
in the form contained in CM’
s Installation, Operation and Maintenance Instructions (the “ST
A
R
T
-UP
REPOR
T”) mu
st be properly completed and timely returned to CM immediately after unit start-up, but
in no event later than one (1) week after unit start-up.
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 misapplication of the product; (7)
Products which have defects or damage which result from a contaminated or corrosive air or liquid supply
, operation at abnormal
temperatures, or unauthorized opening of refrigerant circuit; (8) Mold, fungus or bacteria damages;
(9) Products subjected to corrosion or abrasion, including, without limitation, any corrosion due to improperly balanced pool c
hemistry or any other corrosive air quality; (10) Products manufactured or supplied by others; (1
1)
Products which have been subjected to misuse, negligence or accidents; (12) Products which have been installed and/or operated
in a manner contrary to CM’
s printed instructions; (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; (14) Products for which a ST
AR
T
-UP
REPOR
T
has n
ot been properly completed and timely returned to
CM; or (15) Products that may have been altered or repaired in any way outside of the factory in such a manner so as to af
fect,
in CM’
s sole judgment, the stability of functionality of the Product.
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 diagnosing the problem, removal of the defecti
ve part, or in obtaining and replacing the new or repaired part; or
, (3)
T
ransportation costs of the defective
part from the installation site to CM or of the return of any part not covered by CM’
s Limited Express
W
arranty
.
Limitation:
This Limited Express
W
arranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein, i
t 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 n
umber 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 re
fund shall be the maximum liability of CM.
THIS REMEDY
IS
THE SOLE
AND EXCLUSIVE
REMEDY
OF
THE BUYER
AGAINST
CM FOR
THE BREACH OF
CONTRACT
, FOR
THE BREACH OF
ANY
W
ARRANTY
OR FOR CM’S NEGLIGENCE OR IN STRICT
L
IABILITY
.
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
O
R
T
,
WHETHER FOR CM’
s NEG
LIGENCE 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 73179 (405) 745 6000
NOTE: Some states or Canadian provinces do not allow limitations on how long an implied warranty lasts, or the limitation or ex
clusions 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 from Canadian province to Canadian provi
nce.
Please refer to the CM Installation, Operation and Maintenance Instruction for installation, operating and maintenance instruct
ions.
*LC395*
Rev
.: 10/06
LC395
Warranty
