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Reflect-O-Ray
®
Oil Fired EDS 3.5 Installation, Operation & Service
Combustion Research Corporation Page 55
replacement part or parts. As with the Standard Warranty, it is not CRC's obligation to find, remove or transport the defective
part or parts, or to pay for finding, removing, or transporting such part or parts, and it is not CRC's obligation to install or pay
for installation of the replacement part or parts. Again, it is the Buyer's obligation to send the part or parts freight pre-paid to
CRC.
LIMITATIONS ON STANDARD AND EXTENDED 10 YEAR WARRANTY
These Warranties are the only warranties offered by Combustion Research Corporation (CRC) and are in lieu of all other
warranties either express or implied. CRC shall not be liable for any special, incidental or consequential damage, such as
damage to a building or persons or things within a building due to any kind of radiant energy heating system failure. In
addition, the Standard and Extended Warranties apply only to those products which are shipped to and installed in the United
States & Canada.
ARBITRATION
I
n the event any Buyer, user, subsequent owner, transferee, installer, purchaser and/or ultimate customer experiences any
problem, difficulty and/or has a complaint dealing with the use, installation and/or operation of the products sold, delivered
and/or manufactured by CRC under the terms and provisions of any purchase order, contract, invoice or other document, then
the differences between that person or entity and CRC shall be amicably resolved. In the event a resolution of the differences
between the parties is unable to be accomplished, said matter shall be resolved through final and binding arbitration under the
laws of the State of Michigan. The party complaining shall select, appoint and pay for an arbitrator. CRC shall select, appoint
and pay for an arbitrator, and the two (2) arbitrators so selected shall agree upon and appoint a third impartial arbitrator. The
dispute and/or matter of controversy shall be submitted to the arbitrators who by majority vote shall render a final and binding
decision dealing with the controversy in existence between the parties. Said decision shall be enforceable in a Michigan
Court maintaining jurisdiction over said matter under the requisite provisions of Michigan law. The costs of the impartial
arbitrator shall be paid one-half (1/2) by the complaining party and one-half (1/2) by CRC.
MICHIGAN LAW TO GOVERN
This contract and/or document dealing with the purchase sale and/or installation of products sold and/or manufactured by CRC
shall be governed by the laws of the State of Michigan, both as to its interpretation and performance. The place of this
contract, it's situs and forum shall at all times be the State of Michigan. All matters relating to the validity, construction and
enforcement of this contract shall be determined in the appropriate courts maintaining jurisdiction over all controversies in the
State of Michigan.
VOIDING OF WARRANTIES
Each of the following listed events, conditions, acts or omissions by any person or entity may void the Warranty:
1. Improper installation; i.e., installation which is not in accordance with the instructions in the service and installation
manual.
2. Running the burner(s) with intake combustion air drawn from an atmosphere which is contaminated with halogenated
hydrocarbons, fluorocarbons, or other corrosive substances.
3. Relocation or reinstallation of the product or system.
4. Use of electrical power having voltages, frequencies or transients which exceed product or system ratings.
5. Physical abuse or neglect to the product system or components of the system; i.e., allowing the product system to operate
with broken or damaged system components.
6. Damage to the product system or components of the product system by fire, flood, earthquake or act of God.
7. Removal of the serial number or nameplate.
8. Refusal to permit inspection and/or service of the product system or parts by an authorized CRC representative.
9. Repair or replacement of any product components or other heating components which have been repaired or replaced
with other than factory parts.
10. Designing or allowing the system to run with a "short cycle" or continuous condensing mode; i.e., using low voltage
temperature controls without a minimum eight (8) minute run time which would allow the startup condensate to collect in
the tubing system.
The determination and evaluation of any or all of the above conditions shall be according to the sole and exclusive discretion
of CRC, and/or it's authorized representative. If, upon examination, either CRC or it's authorized representative determines
that the defect or defects are caused by any of the above, the warranty obligation of CRC shall not be honored. No
representative of CRC, other than an officer, has authority to change or extend these provisions or warranties. Changes or
extensions shall be binding only if confirmed in writing by CRC's duly authorized executive officers. Product systems installed
by CRC or it's authorized representatives shall be or presumed to be properly installed and to be free of any and all conditions
which might void the warranty at the time of installation. All product components or systems repaired or replaced are
warranted under the same terms and conditions as the original Warranty, but only for the remaining time under the original
warranty. No action shall be brought for any breach of this warranty more than one (1) year after the cause of action for such
breach arises. Nothing herein shall be construed to extend any warranty beyond the stated periods. CRC shall not be liable
for any default or delay in performance by it in accordance with these warranties which delay or performance is caused by
contingency beyond it's control including but not limited to war, government restriction or restraint, strikes, fire, floods,
unavailability of raw material, and acts of God.