Warranty
6. Governing Law: For residents of the United States, the
procedures and eect 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 eect 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 arbitra-
tion 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 conict with this Arbitration Clause, the
provisions of this Arbitration Clause control. The award of the
arbitrator(s) shall be nal and binding on all parties.
8. Location of the Arbitration Hearing: Unless applicable law provides
otherwise, the arbitration hearing for United States residents will be
conducted in the federal judicial district in which you reside or, for
Canadian residents, in the province in which you reside.
9. Costs of the Arbitration: Each party is responsible for its own
attorney, expert, and other fees unless applicable law requires other-
wise. MRCOOL will pay your share of the fees charged by the arbitra-
tion organization and arbitrator(s) beyond the rst $200. Where
permissible by law, you may be required to reimburse MRCOOL for the
fees of the arbitration organization and arbitrator(s) in whole or in part
by decision of the arbitrator(s) at the discretion of the arbitrator(s).
10. Survival and Enforceability of this Arbitration Clause: This
Arbitration Clause shall survive the expiration or termination, or any
transfer, of the warranty on your unit. If any part of this Arbitration
Clause, except waivers of class-action rights, is found to be unenforce-
able for any reason, the remainder of this clause and the warranty shall
remain enforceable. If, in a case in which class-action allegations have
been made, the waiver of class-action rights under this warranty is
found to be unenforceable with respect to any part of the dispute, the
parts of the dispute as to which the waiver of class-action rights have
been found unenforceable will be severed and will proceed in court
without reference or application of this Arbitration Clause. Any remain-
ing parts will proceed in arbitration.
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 CONSE-
QUENTIAL 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.
For more information about the warranty, visit MRCOOL.COM
1. Parties: This arbitration clause aects your rights against
MRCOOL and any of its aliates 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 determi-
nation 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 REPRESENTA-
TIVE 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 REQUIRE-
MENTS TO BE HEARD IN SMALL CLAIMS COURT.
Multi-Family Residence Warranty
Who Is Providing The Warranty?
This warranty is provided to you by MRCOOL LLC (“MRCOOL”), which
warrants all parts of this heating or air conditioning unit, as described
below.
Who Does This Warranty Cover?
This warranty only covers the original owner of the
non-residential building as of the installation date (as dened below)
(“owner”).
To What Type Of Installations Does This Warranty Apply? This
warranty applies to heating and air conditioning units
installed in multi-family residences not occupied by the owner. Dierent
warranties apply to units installed in owner-occupied residences and in
commercial properties.
Is Registration Required?
Registration is strongly urged. As set out below, warranty coverage is
available to owners who have not registered, but registration extends
the length of the warranty. TO REGISTER, GO TO
WWW.MRCOOL.COM/WARRANTY AND CLICK “ONLINE REGISTRATION OR
EMAIL REGISTRATION.”
What Units Does This Warranty Not Cover?
This warranty does not apply to:
· Units that are ordered over the Internet, by telephone, or by
other electronic means unless the unit is installed by a licensed
technician adhering to all applicable federal, state, and local
codes, policies, and licensing requirements.
· Units that are installed outside the United States, its territories,
or Canada.
· Units that are operated in incomplete structures.
· Units that are installed in buildings other than multi-family
residences not occupied by the owner, such as non-residential
buildings or owner-occupied residences.
What Problems Does This Warranty Cover?
This warranty covers defects in materials and workmanship that appear
under normal use and maintenance.
Other Warranties
THIS WARRANTY IS PROVIDED IN LIEU OF ANY OTHER
WARRANTIES, WHETHER BY MRCOOL OR ANY OF ITS AFFILIATES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
What Problems Does This Warranty Not Cover?
MRCOOL is not responsible for:
· Damage or repairs required as a consequence of faulty
installation or application.
· Damage as a result of oods, res, winds, lightning, accidents,
corrosive atmosphere, or other conditions beyond MRCOOL’s
control.
· Damage or the need for repairs arising from the use of
components or accessories not compatible with this unit.
· Normal maintenance as described in the installation and
operating manual, such as cleaning of the coils, lter cleaning
and/or replacement, and lubrication.
· Parts or accessories not supplied or designated by the
manufacturer.
· Damage or the need for repairs resulting from any improper
use, maintenance, operation, or servicing.
Models: MGS80, MGH93, PG8, PG95
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