Warranty

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 conict 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
otherwise. MRCOOL will pay your share of the fees charged by
the arbitration 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 unenforceable 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 remaining parts will proceed in arbitration.
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.
Commercial 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 dened below)
(“owner”).
To What Type Of Installations Does This Warranty Apply?
This warranty applies to heating and air conditioning units installed in
buildings other than residences. Dierent
warranties apply to units installed in owner-occupied residences and in
multi-family residences not occupied by the owner.
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 residential buildings.
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 manu
facturer.
· Damage or the need for repairs resulting from any improper
use, maintenance, operation, or servicing.
· Damage or failure of the unit to start due to interruption in
electrical service or inadequate electrical service.
· Any damage caused by frozen or broken water pipes in the
event of equipment failure.
· Changes in the appearance of the unit that do not aect its
performance.
· Replacement of fuses and replacement or resetting of circuit
breakers.
Models: MGS80, MGH93, PG8, PG95
www.MrCool.com
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