Warranty

For further information about this warranty visit www.MrCool.com
under normal use and maintenance. Furnishing of the
replacement part is MRCOOL’s only responsibility under this
warranty.
THE OWNER AGREES THAT THESE REMEDIES ARE THE OWNER’S
EXCLUSIVE REMEDIES FOR BREACH OF ALL WARRANTIES.
What Won’t MRCOOL Do To Correct Problems?
MRCOOL will not pay for:
· Labor, freight, or any other cost associated with the service,
repair, or operation of the unit.
· Electricity or fuel costs, or increases in electricity or fuel costs,
for any reason, including additional or unusual use of
supplemental electric heat.
· Lodging or transportation charges.
· Refrigerant.
WHETHER ANY CLAIM IS BASED ON NEGLIGENCE OR OTHER
TORT, BREACH OF WARRANTY OR OTHER BREACH OF
CONTRACT, OR ANY OTHER THEORY, NEITHER MRCOOL NOR
ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS, LOSS OF USE OF A UNIT,
EXTRA UTILITY EXPENSES, OR DAMAGES TO PROPERTY.
How Can The Owner Receive Warranty Service?
If there is a problem with the unit, contact a licensed
contractor.
To receive a replacement part, a licensed contractor must
bring the defective part to a MRCOOL heating and air
conditioning products distributor.
Where Can Any Legal Remedies Be Pursued?
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS
ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS.
1. Parties: This arbitration clause aects your rights against
MRCOOL and any of its aliates or employees or agents,
successors, or assigns, all of whom together are referred to
below as “we” or “us” for ease of reference.
2. ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW,
ANY DISPUTE BETWEEN YOU AND ANY OF US SHALL BE
DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER
THAN IN COURT OR BY JURY TRIAL. “Dispute” will be given
the broadest possible meaning allowable by law. It includes
any dispute, claim, or controversy arising from or relating to
your purchase of this heating or air conditioning unit, any
warranty upon the unit, or the unit’s condition. It also
includes determination of the scope or applicability of this
Arbitration Clause. The arbitration requirement applies to
claims in contract and tort, pursuant to statute, or otherwise.
3. CLASS-ARBITRATION WAIVER: ARBITRATION IS HANDLED
ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED,
YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE
AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON
ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE
AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL
OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU
AND WE ALSO WAIVE ANY RIGHT TO CLASS
ARBITRATION OR ANY CONSOLIDATION OF
INDIVIDUAL ARBITRATIONS.
4. Discovery and Other Rights: Discovery and rights to
appeal in arbitration are generally more limited than
in a lawsuit. This applies to both you and us. Other
rights that you or we would have in court may not be
available in arbitration. Please read this Arbitration
Clause and consult the rules of the arbitration
organizations listed below for more information.
5. SMALL CLAIMS COURT OPTION: YOU MAY CHOOSE
TO LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF
US IN SMALL CLAIMS COURT, RATHER THAN IN
ARBITRATION, IF THE DISPUTE MEETS ALL
REQUIREMENTS TO BE HEARD IN SMALL CLAIMS
COURT.
6. Governing Law: For residents of the United States,
the procedures and eect of the arbitration will be
governed by the Federal Arbitration Act (9 U.S.C. § 1
et seq.) rather than by state law concerning
arbitration. For residents of Canada, the procedures
and eect of the arbitration will be governed by the
applicable arbitration law of the province in which you
purchased your unit. The law governing your
substantive warranty rights and other claims will be
the law of the state or province in which you
purchased your unit. Any court having jurisdiction
may enter judgment on the arbitration award.
7. Rules of the Arbitration: If the amount in controversy
is less than $250,000, the arbitration will be decided
by a single arbitrator. If the amount in controversy is
greater than or equal to $250,000, the arbitration will
be decided by a panel of three arbitrators. The
arbitrator(s) will be chosen pursuant to the rules of the
administering arbitration organization. United States
residents may choose the American Arbitration
Association (1633 Broadway, 10th Floor, New York, NY
10019, www.adr.org), JAMS (1920 Main Street, Ste.
300, Irvine, CA 92614, www.jamsadr.com), or, subject
to our approval, any other arbitration organization. In
addition, Canadian residents may choose the ADR
Institute of Canada (234 Eglinton Ave. East, Suite 405,
Toronto, Ontario, M4P 1K5, www.amic.org). These
organizations’ rules can be obtained by contacting the
Multi-Family Residence Warranty
Models: MCPH
www.MrCool.com
®