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1-Jul-2017
Page 89
001223MAN-05
It is expressly understood that unless a statement is specifically identified as a warranty, statements made by Maritime Geothermal Ltd., a corporation registered in New
Brunswick, Canada, (“MG”) or its representatives, relating to MG’s products, whether oral, written or contained in any sales literature, catalogue or agreement, are not express
warranties and do not form a part of the basis of the bargain, but are merely MG’s opinion or commendation of MG’s products.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE IS NO EXPRESS WARRANTY AS TO ANY OF MG’S PRODUCTS. MG MAKES NO WARRANTY AGAINST
LATENT DEFECTS. MG MAKES NO WARRANTY OF MERCHANTABILITY OF THE GOODS OR OF THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE.
LIMITED EXPRESS RESIDENTIAL WARRANTY - PARTS
MG warrants its Residential Class products, purchased and retained 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) Air conditioning, heating and/or heat pump units built or sold by MG (“MG Units”) for five (5) years from the Warranty Inception Date (as defined below).
(2) Thermostats, auxiliary electric heaters and geothermal pumping modules built or sold by MG, when installed with MG Units, for five (5) years from the Warranty Inception
Date (as defined below).
(3) Sealed refrigerant circuit components of MG Units (which components only include the compressor, refrigerant to air/water heat exchangers, reversing valve body and
refrigerant metering device) for ten (10) years from the Warranty Inception Date (as defined below).
(4) Other accessories and parts built or sold by MG, when installed and purchased with MG Units, for five (5) years from the date of shipment from MG.
(5) Other accessories, when purchased separately, for (1) year from the date of shipment from MG.
The “Warranty Inception Date” shall be the date of original unit installation, as per the date on the installation Startup Record or six (6) months from date of unit
shipment from MG, whichever comes first.
To make a claim under this warranty, parts must be returned to MG in Petitcodiac, New Brunswick, freight prepaid, no later than ninety (90) days after the date of the failure of
the part. If MG determines the part to be defective and within MG’s Limited Express Residential Warranty, MG shall, when such part has been either replaced or repaired, return
such to a factory recognized distributor, dealer or service organization, freight prepaid. The warranty on any part repaired or replaced under warranty expires at the end of the
original warranty period.
LIMITED EXPRESS RESIDENTIAL WARRANTY - LABOUR
This Limited Express Residential Labour Warranty shall cover the
labour
incurred by MG authorized service personnel in connection with the installation of a new or repaired
warranty part that is covered by this Limited Express Residential Warranty only to the extent specifically set forth in the current
labour
allowance schedule "A" provided by MG’s
Warranty Department and only as follows:
(1) MG Units for two (2) years from the Warranty Inception Date.
(2) Thermostats, auxiliary electric heaters and geothermal pump modules built or sold by MG, when installed with MG Units, for two (2) years from the Warranty Inception Date.
(3) Sealed refrigerant circuit components of MG Units (which components only include the compressor, refrigerant to air/water heat exchangers, reversing valve body and
refrigerant metering device) for five (5) years from the Warranty Inception Date.
Labour
costs are not covered by this Limited Express Residential Warranty to the extent they
exceed
the amount allowed under said allowance schedule, they are
not specifically provided for in said allowance schedule, they are not the result of work performed by MG authorized service personnel, they are incurred in connection with a part
not covered by this Limited Express Residential Warranty, or they are incurred more than the time periods set forth in this paragraph after the Warranty Inception Date.
This warranty does not cover and does not apply to:
(1) Air filters, fuses, refrigerant, fluids, oil.
(2) Products relocated after initial installation.
(3) Any portion or component of any system that is not supplied by MG, regardless of the cause of the failure of such portion or component.
(4) Products on which the unit identification tags or labels have been removed or defaced.
(5) Products on which payment to MG, or to the owner’s seller or installing contractor, is in default.
(6) Products subjected to improper or inadequate installation, maintenance, repair, wiring or voltage conditions.
(7) Products subjected to accident, misuse, negligence, abuse, fire, flood, lightning, unauthorized alteration, misapplication, contaminated or corrosive liquid or air supply,
operation at abnormal air or liquid temperatures or flow rates, or opening of the refrigerant circuit by unqualified personnel.
(8) Mold, fungus or bacteria damage
(9) Corrosion or abrasion of the product.
(10) Products supplied by others.
(11) Products which have been operated in a manner contrary to MG’s printed instructions.
(12) Products which have insufficient performance as a result of improper system design or improper application, installation, or use of MG’s products.
(13) Electricity or fuel, or any increases or unrealized savings in same, for any reason whatsoever.
Except for the limited
labour
allowance coverage set forth above, MG is not responsible for:
(1) The costs of fluids, refrigerant or system components
supplied by others
, or associated
labour
to repair or replace the
same, which is incurred as a result of a defective part covered by MG’s Limited Residential Warranty.
(2) The costs of
labour
, refrigerant, materials or service incurred in diagnosis and removal of the defective part, or in obtaining
and replacing the new or repaired part.
(3) Transportation costs of the defective part from the installation site to MG, or of the return of that part if not covered by
MG’s Limited Express Residential Warranty.
(4) The costs of normal maintenance.
This Limited Express Residential Warranty applies to MG Residential Class products manufactured on or after February 15, 2010. MG’S LIABILITY UNDER THE TERMS OF
THIS LIMITED WARRANTY SHALL APPLY ONLY TO THE MG UNITS REGISTERED WITH MG THAT BEARS THE MODEL AND SERIAL NUMBERS STATED ON THE
INSTALLATION START UP RECORD, AND MG SHALL NOT, IN ANY EVENT, BE LIABLE UNDER THE TERMS OF THIS LIMITED WARRANTY UNLESS THIS
INSTALLATION START UP RECORD HAS BEEN ENDORSED BY OWNER & DEALER/INSTALLER AND RECIEVED BY MG LIMITED WITHIN 90 DAYS OF START UP.
Limitation:
This Limited Express Residential Warranty is given in lieu of all other warranties. If, not withstanding the disclaimers contained herein, it is determined
that other warranties exist, any such express warranty, including without imitation any express warranties or any implied warranties of fitness for particular purpose and
merchantability, shall be limited to the duration of the Limited Express Residential Warranty.
LIMITATION OF REMEDIES
In the event of a breach of the Limited Express Residential Warranty, MG will only be obligated at MG’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 MG’s factory in Petitcodiac, New Brunswick of each defect,
mal-function or other failure, and a reasonable number of attempts by MG to correct the defect, malfunction or other failure, and the remedy fails of its essential purpose, MG
shall refund the purchase price paid to MG in exchange for the return of the sold good(s). Said refund shall be the maximum liability of MG.
THIS REMEDY IS THE SOLE AND
EXCLUSIVE REMEDY OF THE BUYER OR PURCHASER AGAINST MG FOR BREACH OF CONTRACT, FOR THE BREACH OF ANY WARRANTY OR FOR MG’S
NEGLIGENCE OR IN STRICT LIABILITY.
LIMITATION OF LIABILITY
MG shall have no liability for any damages if MG’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 labour, acts
of God or any other reason beyond the sole control of MG.
MG EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGE IN CONTRACT, FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR IN TORT, WHETHER FOR MG’s NEGLIGENCE OR AS STRICT LIABILITY.
OBTAINING WARRANTY PERFORMANCE
Normally, the dealer or service organization who installed the products will provide warranty performance for the owner.
Should the installer be unavailable, contact any MG recognized distributor, dealer or service organization. If assistance is required in obtaining warranty performance, write or
call: Maritime Geothermal Ltd • Customer Service • PO Box 2555 • Petitcodiac, New Brunswick E4Z 6H4 • (506) 756 8135 • or e-mail to [email protected] NOTE: Some
states or Canadian provinces 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 specific legal rights, and you may also have other rights which vary from state to state and
from Canadian province to Canadian province. Please refer to the MG Installation, Installation and Service Manual for operating and maintenance instructions.
.
LIMITED EXPRESS WARRANTY
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