Warranty

What Will MRCOOL Do To Correct Problems?
MRCOOL will furnish a replacement part, without charge for the
part only, to replace any part that is found to be defective due to
workmanship or materials under normal use and maintenance.
Furnishing of the replacement part is MRCOOL’s only
responsibility under this warranty and the furnishing of the
replacement part is the owner’s only remedy.
If you are a California or Quebec resident, please refer to the
“California And Quebec Residents” section below.
THE OWNER AGREES THAT THESE REMEDIES ARE THE OWNER’S
EXCLUSIVE REMEDIES FOR BREACH OF ALL WARRANTIES,
EXPRESS OR IMPLIED.
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.
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. Some states
and provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above exclusion
may not apply to you.
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.
For more information about the warranty, visit MRCOOL.COM.
California And Quebec Residents
California and Quebec residents do not need to register the
product in order to get all of the rights and remedies of
registered owners under this warranty. The arbitration provi-
sions of this warranty shall not apply to residents of Quebec.
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 affects your rights against
MRCOOL and any of its affiliates 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 effect 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 effect 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
organization or visiting its website. If the chosen arbitration
organization’s rules conflict with this Arbitration Clause, the
provisions of this Arbitration Clause control. The award of the
arbitrator(s) shall be final and binding on all parties.
Limited Warranty
Models: MGS80, MGH93
www.MrCool.com
®