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WARRANTY

YAZAKI LIMITED EXPRESS

WARRANTY

SCOPE OF COVERAGE.

The Limited Express Warranty of Yazaki

Energy  Systems,  Inc.  (“YESI”)  applies  to  the  initial  retail
purchaser and assigns (“CUSTOMER”) of Yazaki double-effect
chiller-heaters  and  water-fired  chillers  and  chiller-heaters
(“PRODUCT”)  installed  in  the  U.S.A.,  Canada,  and  all  other
countries within the YESI sales territory at the time of sale of
the  PRODUCT.    The  initial  retail  purchaser  may  assign  its
rights under this Limited Express Warranty to any third party
with  prior  written  consent  by  YESI  which  shall  not  be
unreasonably withheld by YESI.

GENERAL EXPRESS WARRANTIES.

YESI warrants to the

CUSTOMER,  that  the  PRODUCT  shall  be  free  from  defects in
material  and  workmanship  which  are  discovered  and
reported in writing  to  YESI within the  period of  one  (1)  year
(“Original  Warranty  Period”)  from  the  time  when  the
PRODUCT is initially placed into operation at the CUSTOMER’s
facility  (“Start-Up  Date”),  or  two  (2)  years  from  the  date  of
manufacture,  whichever  expires  first,  and  subject  to  the
disclaimers and limitations of this Limited Express Warranty.

As  a  condition  of  this  Limited  Express  Warranty,  the
CUSTOMER  shall  arrange  at  its  own  cost  for  annual  routine
maintenance of the PRODUCT, prior to cooling operation and
prior  to  heating  operation  of  the  PRODUCT,  by  a  service
provider  authorized  by  YESI,  in  accordance  with  the  Yazaki
Operating and Maintenance Instructions.

This is not a warranty of performance, but a limited warranty
as to the condition of the PRODUCT at the Start-Up Date.

DISCLAIMER AND LIMITATION OF EXPRESS WARRANTIES.

There are no express warranties other than those contained
in this Limited Express Warranty.

WARRANTY REGISTRATION CARD.

Every new PRODUCT is

accompanied by a Warranty Registration Card which shall be
completed,  signed  by  an  authorized  representative  of  the
CUSTOMER,  and  returned  to  YESI.    This  Limited  Express
Warranty  shall  not  apply  unless  the  Warranty  Registration
Card is fully completed and returned to YESI within thirty (30)
days of the Start-Up Date of the PRODUCT.

WARRANTY SERVICE.

All routine maintenance, parts

replacement, and vacuum section repairs of the PRODUCT
during the Original Warranty Period must be performed by a
service provider authorized by YESI.

To obtain warranty service, contact:

The Service Provider indicated on the Warranty

Registration Card, or if that person is not available;

YESI’s Distributor or Sales Representative from whom

the PRODUCT was purchaced, or if that person is
not available;

Yazaki Energy Systems, Inc.

REMEDY DURING ORIGINAL WARRANTY PERIOD.

YESI shall,

at its sole discretion, repair or replace the PRODUCT or parts
there-of  which YESI  shall  determine  upon examination to  be
defective  or  not  in  conformity  with  the  Original  Warranty
contained  herein  (“Defective  Part”),  subject  to  the  terms
hereof.    YESI  shall  supply  by  standard ground transportation
all parts required to repair or replace any Defective Part and
shall  pay  the  authorized  service  provider  the  necessary  and
allowable  labor  charges  as  fixed  in  YESI’s  warranty  service
payment  schedule  in  effect  from  time  to  time  (“Fixed  Labor
Charges”).  The CUSTOMER shall be solely responsible for all
labor costs or charges in excess of the Fixed Labor Charges.  A

copy of the current Fixed Labor Charges for warranty service
can be obtained by an authorized service provider upon
written request to YESI.

LIMITATION OF WARRANTY AND LIMITATION OF REMEDY.

CUSTOMER’s remedies shall be limited (even in the event of
YESI’s default of its warranty obligations) exclusively to those
provided  in  section  6  of  this  Limited  Express  Warranty.
UNDER  NO  CIRCUMSTANCES  SHALL  YESI  BE  LIABLE  FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES.  If the limitation
of  liability  fails  the  essential  purpose,  CUSTOMER’s  liability
shall be expanded to the minimum extent to avoid failure of
the essential purpose.  Customer waives any cause of action
or  theory  of  liability  including,  but  not  limited  to,  those
arising  under  contract,  tort,  strict  liability,  product  liability,
statutes, or otherwise, except as specifically provided by the
UCC as modified and limited herein.  The warranty period of
all  replacement  parts  and  PRODUCTS  shall  be  deemed  to
commence on the Start-Up Date of the original PRODUCT, not
the  installation  date  of  the  replacement  part  or  PRODUCT,
and  YESI’s  warranty  obligation  hereunder  shall  not  be
extended by virtue of such replacement.

DISCLAIMER OF IMPLIED WARRANTIES.

YESI DISCLAIMS

ALL  IMPLIED  WARRANTIES  (OTHER  THAN  GOOD  TITLE)
INCLUDING, BUT NOT LIMITED TO, THOSE OF FITNESS FOR A
PARTICULAR  PURPOSE,  MERCHANTABILITY,  AND  NON-
INFRINGEMENT.    There  are  no  warranties  which  extend
beyond  those  express  warranties  contained  in  this  Limited
Express  Warranty.    CUSTOMER  affirms  that  it  has  not  relied
upon YESI’s skill  nor  judgment  to  select  or  furnish  PRODUCT
for  any  particular  purpose.    YESI  does  not  warrant  that  the
PRODUCT  complies  with  the  requirements  of  any  safety  or
environmental  code  or  regulation  of  any  federal,  state,
municipality, or other jurisdiction beyond the specific express
warranties in this Limited Express Warranty.

SPECIFIC EXCLUSIONS.

In addition to all other exclusions

contained in this Limited Express Warranty, YESI’s warranty
shall also not apply under the following circumstances:

Damage to the PRODUCT caused by an un-authorized

service provider;

Defect in any part not supplied or authorized by YESI;

Installation or operation of the PRODUCT in any way not

described in the applicable Yazaki Installation and
Operating Instructions;

Applications for process cooling (except single-effect

absorption chillers);

Failure to provide routine maintenance of the PRODUCT

by a Yazaki-authorized service provider in accordance
with the applicable Yazaki Operating and Maintenance
Instructions;

Failure to maintain the quality, flow, and supply

temperature of the cooling water in accordance with
Yazaki standards and limitation;

Damage caused to the PRODUCT from freezing,

overpressure, and corrosion in any water circuit;

Misuse, abuse, negligence, accident, natural disaster,

alteration, misapplication, or experimental use of the
PRODUCT;

Normal fading and minor deterioration of the cabinet

surface caused by exposure to the elements;

Removal of the PRODUCT from its original installation site

unless the relocation is approved in writing by YESI prior
to the act of relocation;

Materials, such as inhibitor and batteries, that are

consumed during normal operation of the PRODUCT;

Damage to other products outside the PRODUCT, not

supplied by YESI, caused by use of materials that are not
compatible  with  the  operating  characteristics  of  the
PRODUCT,  regardless  of  the  absence  of  specific
instructions  in  Yazaki  Installation  and  Operating
Instructions.