Warranty

As Modine Manufacturing Company has a continuous product improvement program, it
reserves the right to change design and specifications without notice.
Commercial HVAC&R Division
Modine Manufacturing Company
1221 Magnolia Avenue
Buena Vista, Virginia 24416
Phone: [phone] (HEAT)
Fax: [phone] (Service & Parts)
www.modine.com
© Modine Manufacturing Company 2004 2/04 - 5M Litho in USA
WARRANTY
Seller warrants its products to be free from defects in material and workmanship,
EXCLUSIVE, HOWEVER, of failures attributable to the use of materials substituted
under emergency conditions for materials normally employed. This warranty covers
replacement of any parts furnished from the factory of Seller, but does not cover
labor of any kind and materials not furnished by Seller, or any charges for any
such labor or materials, whether such labor, materials or charges thereon are due
to replacement of parts, adjustments, repairs, or any other work done. This
warranty does not apply to any equipment which shall have been repaired or
altered outside the factory of Seller in any way so as, in the judgment of Seller, to
affect its stability, nor which has been subjected to misuse, negligence, or
operating conditions in excess of those for which such equipment was designed.
This warranty does not cover the effects of physical or chemical properties of water
or steam or other liquids or gases used in the equipment.
BUYER AGREES THAT SELLER’S WARRANTY OF ITS PRODUCTS TO BE
FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP, AS LIMITED
HEREIN, SHALL BE IN LIEU OF AND EXCLUSIVE OF ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM
LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, THERE
ARE NO OTHER WARRANTIES, INCLUDING WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PURPOSE, WHICH EXTEND BEYOND
THE PRODUCT DESCRIPTION CONFIRMED BY BUYER AND SELLER AS OF
THE DATE OF FINAL AGREEMENT.
This warranty is void if the input to the product exceeds the rated input as
indicated on the product serial plate by more than 5% on gas-fired and oil-fired
units, or if the product in the judgment of SELLER has been installed in a corrosive
atmosphere, or subjected to corrosive fluids or gases, been subjected to misuse,
negligence, accident, excessive thermal shock, excessive humidity, physical
damage, impact, abrasion, unauthorized alterations, or operation contrary to
SELLER’S printed instructions, or if the serial number has been altered, defaced or
removed.
Heat Exchangers
For Seller’s non-sep
arated combustion Gas-Fired Unit Heaters
BUYER’S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR OR
REPLACEMENT AT THE FACTORY OF SELLER, ANY HEAT EXCHANGER
WHICH SHALL, WITHIN TEN YEARS FROM DATE OF FIRST BENEFICIAL
USE BY BUYER OR ANY OTHER USER, WITHIN TEN YEARS FROM DATE
OF RESALE BY BUYER OR ANY OTHER USER, WITHIN TEN YEARS
FROM DATE OF RESALE BY BUYER IN ANY UNCHANGED CONDITION,
OR WITHIN ONE HUNDRED TWENTY-SIX MONTHS FROM DATE OF
SHIPMENT FROM SELLER, WHICHEVER OCCURS FIRST, BE RETURNED
TO SELLER WITH TRANSPORTATION CHARGES PREPAID AND WHICH
THE EXAMINATION OF SELLER SHALL DISCLOSE TO HAVE BEEN
DEFECTIVE; EXCEPT THAT WHEN THE PRODUCT IS TO BE USED BY
BUYER AS A COMPONENT PART OF EQUIPMENT MANUFACTURED BY
BUYER, BUYER’S REMEDY FOR BREACH, AS LIMITED HEREIN, SHALL
BE LIMITED TO ONE YEAR FROM DATE OF SHIPMENT FROM SELLER.
FOR GAS-FIRED PRODUCTS INSTALLED IN HIGH HUMIDITY
APPLICATIONS AND UTILIZING STAINLESS STEEL HEAT EXCHANGERS,
BUYER’S REMEDY FOR BREACH, AS LIMITED HEREIN, SHALL BE
LIMITED TO TEN YEARS FROM DATE OF SHIPMENT FROM SELLER.
For Seller's Low Intensity Gas-Fired Infrared Heaters
BUYER'S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR OR
REPLACEMENT AT THE FACTORY OF SELLER, ANY HEAT EXCHANGER
WHICH SHALL, WITHIN FIVE YEARS FROM DATE OF FIRST BENEFICIAL
USE BY BUYER OR ANY OTHER USER, WITHIN FIVE YEARS FROM DATE
OF RESALE BY BUYER OR ANY OTHER USER, WITHIN FIVE YEARS
FROM DATE OF RESALE BY BUYER IN ANY UNCHANGED CONDITION,
OR WITHIN 66 MONTHS FROM DATE OF SHIPMENT FROM SELLER,
WHICHEVER OCCURS FIRST, BE RETURNED TO SELLER WITH
TRANSPORTATION CHARGES PREPAID AND WHICH THE EXAMINATION
OF SELLER SHALL DISCLOSE TO HAVE BEEN DEFECTIVE; EXCEPT THAT
WHEN THE PRODUCT IS TO BE USED BY BUYER AS A COMPONENT
PART OF EQUIPMENT MANUFACTURED BY BUYER, BUYER'S REMEDY
FOR BREACH, AS LIMITED HEREIN, SHALL BE LIMITED TO ONE YEAR
FROM DATE OF SHIPMENT FROM SELLER.
Heat Exchanger (Condensers) for all Seller’s products except non-
separated combustion Gas-Fired Unit Heaters and Infrared Heaters, all
Burners except Infrared Heaters, and Sheet Metal for all Seller's products
BUYER’S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR OR
REPLACEMENT AT THE FACTORY OF SELLER, ANY HEAT EXCHANGER
(CONDENSER) OR BURNER WHICH SHALL, WITHIN ONE YEAR FROM
DATE OF FIRST BENEFICIAL USE BY BUYER OR ANY OTHER USER,
WITHIN ONE YEAR FROM DATE OF RESALE BY BUYER IN ANY
UNCHANGED CONDITION, OR WITHIN EIGHTEEN MONTHS FROM DATE
OF SHIPMENT FROM SELLER, WHICHEVER OCCURS FIRST, BE
RETURNED TO SELLER WITH TRANSPORTATION CHARGES PREPAID
AND WHICH THE EXAMINATION OF SELLER SHALL DISCLOSE TO HAVE
BEEN DEFECTIVE; EXCEPT THAT WHEN THE PRODUCT IS TO BE USED
BY BUYER AS A COMPONENT PART OF EQUIPMENT MANUFACTURED
BY BUYER, BUYER’S REMEDY FOR BREACH, AS LIMITED HEREIN,
SHALL BE LIMITED TO ONE YEAR FROM DATE OF SHIPMENT FROM
SELLER.
Burners
For Seller's Low Intensity Gas-Fired Infrared Heaters
BUYER'S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR OR
REPLACEMENT AT THE FACTORY OF SELLER, ANY BURNER WHICH
SHALL, WITHIN TWO YEARS FROM DATE OF FIRST BENEFICIAL USE BY
BUYER OR ANY OTHER USER, WITHIN TWO YEARS FROM DATE OF
RESALE BY BUYER IN ANY UNCHANGED CONDITION, OR WITHIN 30
MONTHS FROM DATE OF SHIPMENT FROM SELLER, WHICHEVER
OCCURS FIRST, BE RETURNED TO SELLER WITH TRANSPORTATION
CHARGES PREPAID AND WHICH THE EXAMINATION OF SELLER SHALL
DISCLOSE TO HAVE BEEN DEFECTIVE; EXCEPT THAT WHEN THE
PRODUCT IS TO BE USED BY BUYER AS A COMPONENT PART OF
EQUIPMENT MANUFACTURED BY BUYER, BUYER'S REMEDY FOR
BREACH, AS LIMITED HEREIN, SHALL BE LIMITED TO ONE YEAR FROM
DATE OF SHIPMENT FROM SELLER.
For Seller's High Intensity Gas-Fired Infrared Heaters
BUYER'S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR OR
REPLACEMENT AT THE FACTORY OF SELLER, ANY BURNER WHICH
SHALL, WITHIN TEN YEARS FROM DATE OF FIRST BENEFICIAL USE BY
BUYER OR ANY OTHER USER, WITHIN TEN YEARS FROM DATE OF
RESALE BY BUYER IN ANY UNCHANGED CONDITION, OR WITHIN 126
MONTHS FROM DATE OF SHIPMENT FROM SELLER, WHICHEVER
OCCURS FIRST, BE RETURNED TO SELLER WITH TRANSPORTATION
CHARGES PREPAID AND WHICH THE EXAMINATION OF SELLER SHALL
DISCLOSE TO HAVE BEEN DEFECTIVE; EXCEPT THAT WHEN THE
PRODUCT IS TO BE USED BY BUYER AS A COMPONENT PART OF
EQUIPMENT MANUFACTURED BY BUYER, BUYER'S REMEDY FOR
BREACH, AS LIMITED HEREIN, SHALL BE LIMITED TO ONE YEAR FROM
DATE OF SHIPMENT FROM SELLER.
All Other Components Excluding Heat Exchanger (Condenser), Burner,
and Sheet Metal
For all Seller's products except Direct-Fired Heaters and High Intensity
Gas-Fired Infrared Heaters
BUYER’S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR OR
REPLACEMENT AT THE FACTORY OF SELLER, ANY PART OR PARTS
WHICH SHALL, WITHIN TWO YEARS FROM DATE OF FIRST BENEFICIAL
USE BY BUYER OR ANY OTHER USER, WITHIN TWO YEARS FROM DATE
OF RESALE BY BUYER IN ANY UNCHANGED CONDITION, OR WITHIN
THIRTY MONTHS FROM DATE OF SHIPMENT FROM SELLER,
WHICHEVER OCCURS FIRST, BE RETURNED TO SELLER WITH
TRANSPORTATION CHARGES PREPAID AND WHICH THE EXAMINATION
OF SELLER SHALL DISCLOSE TO HAVE BEEN DEFECTIVE; EXCEPT THAT
WHEN THE PRODUCT IS TO BE USED BY BUYER AS A COMPONENT
PART OF EQUIPMENT MANUFACTURED BY BUYER, BUYER’S REMEDY
FOR BREACH, AS LIMITED HEREIN, SHALL BE LIMITED TO ONE YEAR
FROM DATE OF SHIPMENT FROM SELLER.
For Seller's Direct-Fired Heaters and High Intensity Gas-Fired Infrared Heaters
BUYER’S REMEDY FOR BREACH OF WARRANTY EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW IS LIMITED TO REPAIR OR
REPLACEMENT AT THE SELLER’S OPTION ANY PART OR PARTS WHICH
SHALL WITHIN A PERIOD OF ONE YEAR FROM DATE OF FIRST
BENEFICIAL USE BY BUYER OR ANY OTHER USER, WITHIN ONE YEAR
FROM DATE OF RESALE BY BUYER IN ANY UNCHANGED CONDITION,
OR WITHIN 18 MONTHS FROM DATE OF SHIPMENT FROM SELLER,
WHICHEVER OCCURS FIRST, BE RETURNED TO SELLER WITH
TRANSPORTATION CHARGES PREPAID AND WHICH THE EXAMINATION
OF THE SELLER SHALL DISCLOSE TO HAVE BEEN DEFECTIVE.
BUYER AGREES THAT IN NO EVENT WILL SELLER BE LIABLE FOR COSTS
OF PROCESSING, LOST PROFITS, INJURY TO GOODWILL, OR ANY OTHER
CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND RESULTING
FROM THE ORDER OR USE OF ITS PRODUCT, WHETHER ARISING FROM
BREACH OF WARRANTY, NONCONFORMITY TO ORDERED
SPECIFICATIONS, DELAY IN DELIVERY, OR ANY LOSS SUSTAINED BY THE
BUYER.