No claim or demand may be asserted against Change'Air or its employees, agents,
directors, officers, representatives and/or suppliers hereunder unless the injury, loss or
damage giving rise to such claim or demand is sustained within the applicable warranty
period referred to above and unless such claim or demand is first asserted within twelve
months after the injury, loss or damage has occurred.
THE EXPRESS WARRANTIES SET OUT HEREIN ARE VOID IN CASES WHERE THE
CHANGE'AIR PRODUCT IS NOT USED IN ACCORDANCE WITH THE CHANGE'AIR
OPERATING MANUAL, EXPOSED TO ENVIRONMENTS OUTSIDE OF ITS INTENDED
USE OR DAMAGED THROUGH NEGLIGENCE OR INTENTIONAL ACTS OF ANY PARTY.
NO REPRESENTATIVE, DEALER OR OTHER PERSON IS AUTHORIZED TO ASSUME
FOR CHANGE'AIR ANY ADDITIONAL, DIFFERENT OR OTHER LIABILITY IN
CONNECTION WITH THE SALE OF THIS CHANGE'AIR PRODUCT.
ALL WORK UNDER THE TERMS OF THIS WARRANTY SHALL BE PERFORMED DURING
NORMAL WORKING HOURS. ALL REPLACEMENT PARTS ASSUME AS THEIR
WARRANTY PERIOD ONLY THE REMAINING TIME PERIOD OF THE APPLICABLE
WARRANTY HEREUNDER.
CHANGE'AIR WILL NOT BE RESPONSIBLE FOR:
1. Normal maintenance as outlined in the installation, operating and service instructions
manual including but not limited to cleaning of component parts such as orifices, burners
and coils.
2. Failure to start and/or operate due to voltage or gas conditions, blown fuses, open circuit
breakers, loose or disconnected wires, low gas pressure or other damages due to
inadequacy or interruption of electrical service or gas supply.
3. Damage or repairs required as a consequence of faulty or improper installation, not in
conformance with Change'Air instructions.
4. Damage as a result of floods, winds, lightning, accidents, corrosive atmosphere, acts of
God or other conditions beyond the control of Change'Air.
5. Parts or accessories not supplied by Change'Air.
6. Costs incurred in gaining access to the equipment.
7. Damage or repairs required as a consequence of any misapplication, abuse,
unreasonable use, unauthorized alteration, improper service, improper operation or
failure to provide reasonable and necessary maintenance.
8. Freight charges incurred with respect to parts replaced.
9. Change'Air products installed outside Canada, the Continental USA and Alaska.
10. Change'Air products whose serial number has been altered, defaced or removed.
11. Fuel or electricity costs or increases in such costs from any reason whatsoever.
12. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT WILL
CHANGE'AIR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND INCLUDING, BUT NOT
LIMITED TO, CLAIMS FOR SERVICE INTERRUPTION, DELAYS, RE-PROCUREMENT
COSTS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF USE, LOSS OF
GOODWILL, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, LOSS
OF PRODUCTION OR COST OF CAPITAL, WHETHER OR NOT CHANGE'AIR HAS
BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, WHETHER OR
NOT FORESEEABLE AND WHETHER OR NOT BASED ON A BREACH OF
CONTRACT, NEGLIGENCE OR GROSS NEGLIGENCE.
WARRANTY CLAIM PROCEDURE
If customer believes one or more components of the Change'Air product is defective or
working improperly, customer shall contact its local Change'Air agent and request the name
and address of a Change'Air authorized service provider in its geographical area. Customer
shall compile all available information concerning the parts and necessary labour required to
rectify the defect and return the Change'Air product to normal operating condition. Customer
shall complete a warranty claim form and fax it, with proof of shipment date, to Change'Air
(Canadian fax # (519) 866-3798, USA Office fax # (517) 676-4367) prior to proceeding with
any repair to the Change'Air product. If Change'Air determines customer's warranty claim is
within the prescribed time period, Change'Air will promptly return the warranty claim form to
customer with instructions concerning the procedure to be followed to repair the defect,
together with a warranty authorization number. NO WORK TO RECTIFY ANY DEFECT FOR
WHICH WARRANTY COVERAGE IS SOUGHT BY CUSTOMER SHALL BE COMPLETED
UNTIL CHANGE'AIR HAS ISSUED A WARRANTY AUTHORIZATION NUMBER. All
directions set out in such form must be carefully followed by customer. Change'Air shall ship
in stock replacement components to customer within 2 business days. Costs of such
replacement component(s) will be invoiced to customer but credit shall be given upon receipt
by Change'Air of the defective component and determination by Change'Air that customer's
warranty claim is valid. Receipts for any labor or field supplied parts must also be returned to
Change'Air's head office. Warranty authorization number must be quoted on all
correspondence, returns and claims. Reimbursement will only be made for field supplied
parts and labor if authorized by Change'Air on the warranty claim form. If Change'Air
determines that the alleged defective component was either (i) not defective or (ii) the defect
was a result of an event or action which voided the warranty, customer shall be entitled to
retain the replacement component but shall be responsible to pay Change'Air for the
replacement component, plus the costs of repairs and labor if applicable.
GOVERNING LAW; ENTIRE AGREEMENT
This warranty shall be governed by and construed under the laws of the Province of Ontario,
without regard for the conflicts of laws provisions thereof. For international contracts, the
provisions of Ontario law, and not the UN Convention on Contracts for the International Sale
of Goods, shall apply.
This warranty constitutes the entire agreement between Change'Air and you regarding your
warranty rights. The terms herein shall not be modified except in a writing signed by
Change'Air and you.
This warranty gives you specific legal rights, and you may also have other rights, which may
vary from region to region.
Warranties
LIMITED STANDARD PARTS ONLY WARRANTY (14 months)
This Change'Air Products and Services Ltd. (Change'Air or Change'Air USA) product is
warranted to the original purchaser to be free from defects in material and workmanship
under normal use and maintenance, consistent with Change'Air's instructions or
recommendations for use and maintenance, for a period of 14 months from shipping date.
Change'Air's sole responsibility under this parts warranty will be to provide a replacement
part which fails to comply with this warranty during such warranty period, provided customer
has promptly reported same to Change'Air. A new or remanufactured part may be provided
to replace any defective part at Change'Air's sole option. Any defective part will be replaced
without charge for the part itself, FOB the shipping point. THE EXCHANGED PART WILL BE
WARRANTED FOR ONLY THE UNEXPIRED PORTION OF THE ORIGINAL WARRANTY.
NO REPAIR OR REPLACEMENT PURSUANT TO THIS WARRANTY WILL RENEW OR
EXTEND THE LIFE OF THE WARRANTY. Defective parts must be returned to Change'Air,
transportation charges prepaid (Change'Air is not responsible for any freight charges), where
Change'Air will establish to its sole satisfaction that the part was or became defective under
normal use and maintenance. All replaced parts will become Change'Air's property. Repairs
made pursuant to this warranty must be made by an authorized Change'Air service agency
and do not qualify for labor reimbursement. No reimbursement will be made for
transportation, diagnosing, shipping, or handling. THIS WARRANTY APPLIES ONLY TO
THE PRODUCT IN ITS ORIGINAL INSTALLATION LOCATION AND IS VOID IF THE
PRODUCT IS REINSTALLED ELSEWHERE.
LIMITED 2 AND 3 YEAR PARTS WARRANTY ON ERM FAN ASSEMBLIES AND
ACTUATORS
Change'Air specifically warrants the ERM fan assemblies will be free from defects in material
and workmanship under normal use and maintenance, consistent with Change'Air's
instructions or recommendations for use and maintenance, for a period of three years from
the date of shipment. In addition, Change'Air warrants, for a period of two years from the
date of shipment, the Belimo actuators against defects in material and workmanship under
normal use and maintenance consistent with Change'Air's instructions or recommendations
for use and maintenance. Replacement parts will be provided under the same conditions as
stated above in the limited standard parts only warranty.
LIMITED 5 YEAR PARTS WARRANTY ON GAS HEAT EXCHANGER
In addition to the limited standard warranty set out above, during the second through fifth
years after the date of shipment, Change'Air further warrants the gas heat exchanger
against defects in material and workmanship under normal use and maintenance consistent
with Change'Air's instructions or recommendations for use and maintenance. A replacement
heat exchanger will be provided under the same conditions as stated above in the limited
standard parts only warranty section.
EXTENDED & OPTIONAL WARRANTIES
Change'Air offers extended warranties on the compressor, the gas heat exchanger or the
complete Change'Air unit at an extra cost to the customer. Extended warranty packages may
be purchased through an authorized Change'Air supplier and are available in either a
prorated parts only or replacement parts complete. In either case shipping and labour are
the responsibility of the customer.
Optional one to five year labor warranties to accompany the standard parts warranties are
available at an extra cost. Repairs made pursuant to this optional warranty will be made by
an authorized Change'Air service agency and will qualify for labor reimbursement (to the
service organization only) up to the maximum established by the Change'Air flat rate
schedule effective at that time.
LIMITATION OF WARRANTIES
These warranties will not apply in respect of, and Change'Air will not under any
circumstances be responsible for, any failure, deficiency or defect resulting from (i) any
Change'Air product being improperly removed, installed, reinstalled, used, maintained or
repaired by customer or any third party, (ii) any Change'Air product not being fit for a
particular purpose, (iii) the design or specifications of any Change'Air product being
unsuitable for any intended purpose, (iv) any Change'Air product being operated under
abnormal conditions or in any manner which is contrary to the instructions or
recommendations of Change'Air, (v) any Change'Air product being modified or altered by
customer or any third party, or (vi) accident, unusual physical or other stress or normal wear
and tear.
THE EXPRESS WARRANTIES SET OUT HEREIN ARE EXCLUSIVE AND NO OTHER
WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY NATURE OR KIND,
WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WILL APPLY. CUSTOMER'S EXCLUSIVE REMEDIES
AND CHANGE'AIR'S ONLY OBLIGATIONS ARISING OUT OF OR IN CONNECTION
WITH THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER OR WITH DEFECTIVE
OR DEFICIENT CHANGE'AIR PRODUCTS, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OR
OTHERWISE, WILL BE THOSE EXPRESSLY STATED HEREIN.
Notwithstanding any other provision hereof, in no event will the aggregate liability of
Change'Air and its employees, agents, directors, officers, representatives and/or suppliers
for all claims, demands, liabilities, losses, actions, damages, expenses and costs relating to
or resulting or arising out of (i) the performance or non-performance of its obligations
hereunder, or (ii) the sale, operation or use of any Change'Air product exceed the aggregate
amount paid by customer for the Change'Air product.
4
Owner’s Manual
