53
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
C o n s o l e s
R e v. : 3 0 J u n e , 2 0 0 8 B
w w w. c l i m a t e m a s t e r. c o m
Warranty (U.S. & Canada)
CLIMA
TE
MASTER,
INC.
LIMITED EXPRESS
W
ARRANTY/ LIMIT
A
TION OF
REMEDIES
AND LIABILITY
It is expressly understood that unless a statement is specifically identified 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
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 retained in the United States of
America and Canada to be free from defects in material a
nd workmanship 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 first; (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 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 under warranty expires at the end of the original warranty
period.
This warranty does not cover and does not apply to: (1)
Air filters, fuses, refrigerant, fluids, oil; (2) Products relocated af
ter 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 identification tags or labels have bee
n removed or defaced; (5) Products on which payment to CM is or has been in default; (6) Products
which have defects or damage which result from improper installation, wiring, electrical imbalance characteristics or maintenan
ce; or are caused by accident, misuse or abuse, fire, flood, 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
, operatio
n at abnormal temperatures, 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) Produ
cts which have been subjected to 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
ficient perform
ance as a result of insuf
ficient or incorrect system design or the improper application of CM’
s
products.
CM is not responsible for: (1)
The costs of any fluids, refrigerant or other system components, or associated labor to repair o
r 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 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 fitness 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 h
as 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, malfun
ction 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 refun
d shall be the maximum liability of CM.
THIS REMEDY
IS
THE SOLE
AND EXCLUSIVE
REMEDY
OF
THE BUYER OR PURCHASER
AGAINST
CM FOR
THE BREACH OF
CONTRACT
, FOR
THE BREACH OF
ANY
W
ARRANTY
OR FOR CM’S NEGLIGENCE O
R IN STRICT
LIABILITY
.
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 event such as, but not limited to: any war
, civil unrest, government restrictions or restraints, strikes
or
work
stoppages,
fire,
flood,
accident,
shortages
of
transportation,
fuel,
material,
or
labor
, acts
of
God
or
any
other
reaso
n
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 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 specific legal rights, and you may also have other rights which vary from state to st
ate and from Canadian province to Canadian province.
Please refer to the CM Installation, Operation and Maintenance Manual for operating and maintenance instructions.
*LC083*
Rev
.:
3/03
L
C
08
3
Summary of Contents for CCE07
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