Instruction manual

THE SMART SOLUTION FOR ENERGY EFFICIENCY
D (ERV) Series
Rev.: 04 April, 2014
19
climatemaster.com
CLIMATE MASTER, INC. LIMITED EXPRESS WARRANTY/ LIMITATION OF REMEDIES AND LIABILITY
It is expressly understood that unless a statement is specifi cally identifi ed as a warranty, statements made by Climate Master, Inc., a Delaware corporation, (“CM”) or its representatives, relating to CM’s products, whether oral,
written or contained in any sales literature, catalog or any other agreement, are not express warranties and do not form a part of the basis of the bargain, but are merely CM’s opinion or commendation of CM’s products. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE IS NO EXPRESS WARRANTY AS TO ANY OF CM’S PRODUCTS. CM MAKES NO WARRANTY AGAINST LATENT DEFECTS. CM MAKES NO WARRANTY OF MERCHANTABILITY OF THE GOODS OR OF THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE.
GRANT OF LIMITED EXPRESS WARRANTY CM warrants CM 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) All complete air condition- ing, heating and/or heat pump units built or sold by CM for twelve (12) months from date of unit start up or eighteen (18) months from date of shipment (from factory), whichever comes fi rst; (2) Repair and replacement parts, which are not supplied under warranty, for nintey (90) days from date of shipment (from factory). All parts must be returned to CM’s factory in Oklahoma City, Oklahoma, freight prepaid, no later than sixty (60) days after the date of the failure of the part; if CM determines the part to be defective and within CM’s Limited Express Warranty, CM shall, when such part has been either replaced or repaired, return such to a factory recognized dealer, contractor or service organization, F.O.B. CM’s factory, Oklahoma City, Oklahoma, freight prepaid. The warranty on any parts repaired or replaced under warranty expires at the end of the original warranty period. This warranty does not cover and does not apply to: (1) Air fi lters, fuses, refrigerant, fl uids, oil; (2) Products relocated after initial installation; (3) Any portion or component of any system that is not supplied by CM, regardless
of the cause of the failure of such portion or component; (4) Products on which the unit identifi cation tags or labels have been removed or defaced; (5) Products on which payment to CM is or has been in default; (6) Products which have defects or damage which result from improper installation, wiring, electrical imbalance characteristics or maintenance; or are caused by accident, misuse or abuse, fi re, fl ood, alteration or misapplication of the prod- uct; (7) Products which have defects or damage which result from a contaminated or corrosive air or liquid supply, operation at abnormal temperatures, or unauthorized opening of refrigerant circuit; (8) Mold, fungus or bacteria damages; (9) Products subjected to corrosion or abrasion; (10) Products manufactured or supplied by others; (11) Products which have been subjected to misuse, negligence or accidents; (12) Products which have been operated in a manner contrary to CM’s printed instructions; or (13) Products which have defects, damage or insuffi cient performance as a result of insuffi cient or incorrect system design or the improper application of CM’s products. CM is not responsible for: (1) The costs of any fl uids, refrigerant or other system components, or associated labor to repair or replace the same, which is incurred as a result of a defective part covered by CM’s Limited Express
Warranty; (2) The costs of labor, refrigerant, materials or service incurred in removal of the defective part, or in obtaining and replacing the new or repaired part; or, (3) Transportation costs of the defective part from the installa- tion site to CM or of the return of any part not covered by CM’s Limited Express Warranty.
Limitation: This Limited Express Warranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein, it is determined that other warranties exist, any such warranties, including without limita- tion any express warranties or any implied warranties of fi tness for particular purpose and merchantability, shall be limited to the duration of the Limited Express Warranty. LIMITATION OF REMEDIES In the event of a breach of the Limited Express Warranty, CM will only be obligated at CM’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 CM’s factory in Oklahoma City, Oklahoma of each defect, malfunction or other failure and a reasonable number of attempts by CM to correct the defect, malfunction or other failure and the remedy fails of its essential purpose, CM shall refund the purchase price paid to CM in exchange for the return of the sold good(s). Said refund shall be the maximum liability of CM. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER OR THEIR PURCHASER AGAINST CM FOR BREACH OF CONTRACT, FOR THE BREACH OF ANY WARRANTY OR FOR CM’S NEGLIGENCE OR IN STRICT LIABILITY. LIMITATION OF LIABILITY CM shall have no liability for any damages if CM’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, fi re, fl ood, accident, shortages of transportation, fuel, material, or labor, acts of God or any other reason beyond the sole control of CM. CM EXPRESSLY DISCLAIMS AND EXCLUDES ANY LIABIL- ITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE IN CONTRACT, FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR IN TORT, WHETHER FOR CM’s NEGLIGENCE OR AS STRICT LIABILITY.
OBTAINING WARRANTY PERFORMANCE
Normally, the contractor or service organization who installed the products will provide warranty performance for the owner. Should the installer be unavailable, contact any CM recognized dealer, contractor or service organiza- tion. If assistance is required in obtaining warranty performance, write or call:
Climate Master, Inc. • Customer Service • 7300 S.W. 44th Street • Oklahoma City, Oklahoma 73179 [phone]
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 specifi c 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 CM Installation, Operation and Maintenance Manual for operating and maintenance instructions.
*LC083*
Rev.: 11/09 LC083