No claim or demand may be asserted against Changeair 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 CHANGEAIR PRODUCT
IS NOT USED IN ACCORDANCE WITH THE CHANGEAIR 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 CHANGEAIR ANY ADDITIONAL,
DIFFERENT OR OTHER LIABILITY IN CONNECTION WITH THE SALE OF THIS CHANGEAIR 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.
CHANGEAIR 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 Changeair instructions.
4.
Damage as a result of floods, winds, lightning, accidents, corrosive atmosphere, acts of God or other conditions beyond the control of
Changeair.
5.
Parts or accessories not supplied by Changeair.
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.
Changeair products installed outside Canada, the Continental USA and Alaska.
10.
Changeair 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 CHANGEAIR 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 CHANGEAIR 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 Changeair product is defective or working improperly, customer shall contact its local
Changeair agent and request the name and address of a Changeair 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 Changeair product to normal
operating condition. Customer shall complete a warranty claim form and send fax it, with proof of shipment date, to Changeair (Canadian office
(519) 688-6363, USA office (517) 676-0700 prior to proceeding with any repair to the Changeair product. If Changeair determines customer’s
warranty claim is within the prescribed time period, Changeair 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 CHANGEAIR HAS
ISSUED A WARRANTY AUTHORIZATION NUMBER. All directions set out in such form must be carefully followed by customer.
Changeair 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 Changeair of the defective component and determination by Changeair that
customer’s warranty claim is valid. Receipts for any labor or field supplied parts must also be returned to Changeair 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 Changeair on the warranty claim form. If Changeair 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 Changeair 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 Changeair and you regarding your warranty rights. The terms herein shall not be
modified except in a writing signed by Changeair and you.
This warranty gives you specific legal rights, and you may also have other rights, which may vary from region to region.
