91
T H E S M A R T S O L U T I O N F O R E N E R G Y E F F I C I E N C Y
Tr a n q u i l i t y
®
( T R ) S e r i e s
R e v. : N o v e m b e r 2 , 2 0 2 0
c l i m a t e m a s t e r. c o m
Warranty (International)
SAMPLE
CLIMA
TE MASTER, INC.
LIMITED EXPRESS
W
ARRANTY
/LIMIT
ATION OF
REMEDIES
AND LIABILITY
(FOR INTERNA
TIONAL
CLASS PRODUCTS)
Disclaimer: It is expressly understood that unless a statement is specifi
cally identifi
ed as a warranty
, statements made by Climate Master
, Inc., a Delaware corporation, U. S.
A. (“CM”) or its representatives, relating to CM’
s products, whether oral, writ‑
ten or contained in any sales literature, catalog, this or any other agreement or other materials, are not express warranties and do not form a part of the basis of the bar
gain, but are merely CM’
s opinion or commendation of CM’
s products.
EXCEPT
AS
SPECIFICALL
Y SET
FOR
TH HEREIN
AND
TO
THE FULLEST
EXTENT
PERMITTED BY
APPLICABLE LA
W
, CM MAKES NO
W
ARRANTY
AS
TO
ANY
OF
CM’S PRODUCTS,
AND CM MAKES NO
W
ARRANTY
AGAINST
LA
TENT
DEFECTS OR
ANY
W
ARRANTY
OF
MERCHANT
ABILITY
OF
THE GOODS OR OF
THE FITNESS OF
THE GOODS FOR
ANY
P
AR
TICULAR PURPOSE.
GRANT
OF
LIMITED EXPRESS
W
ARRANTY
CM warrants CM products purchased and installed outside the United States of
America (“U.S.A.”) and Canada to be free from material defects in materials and workmanship under normal use and maintenance as follows: (1)
All complete air
conditioning, heating or heat pump units built or sold by CM for twelve (12) months from date of unit start‑up or eighteen (18) months from date of shipment (from CM’
s factory), whichever comes fi
rst; and, (2) Repair and replacement parts, which are
not supplied under warranty
, for ninety (90) days from date of shipment (from factory).
W
arranty parts shall be furnished by CM if ordered through an authorized sales representative of CM (“Representative”) within sixty (60) days after the failure of the part. If CM determines that a parts order qualifi
es for replacement under CM’
s
warranty
, such parts shall be shipped freight prepaid to the Representative or the ultimate user
, as requested by Representative.
All duties, taxes and other fees shall be paid by the ultimate user through the Representative.
If requested by CM, all defective parts shall be returned to CM’
s factory in Oklahoma City
, Oklahoma, U.S.A, freight and duty prepaid, not later than sixty (60) days after the date of the request. If the defective part is not timely returned or if CM
determines the part to not be defective or otherwise not to qualify under CM’
s Limited Express
W
arranty
, CM shall invoice Customer the costs for the parts furnished, including freight.
The warranty on any part repaired or replaced under warranty
expires at the end of the original warranty period.
This warranty does not cover and does not apply to: (1)
Air fi
lters, fuses, refrigerant, fl
uids, oil; (2) Products relocated after initial installation; (3)
Any portion or component of any system that is not supplied by CM, regardless of the cause of the failure
of such portion or component; (4) Products on which the unit identifi
cation tags or labels have been removed or defaced; (5) Products on which payment by Customer to CM or its distributors or Representatives, or the Customer
’s seller is in default;
(6) Products which have defects or damage which result from improper installation, wiring, electrical imbalance characteristics or maintenance; or from parts or components manufactured by others; or are caused by accident, misuse, negligence, abuse, fi re, fl
ood, lightning, alteration or misapplication of the product; (7) Products which have defects or damage which result from a contaminated or corrosive air or liquid supply
, operation at abnormal temperatures or fl
ow rates, or unauthorized opening
of the refrigerant circuit; (8) Mold, fungus or bacteria damages; (9) Products subjected to corrosion or abrasion; (10) Products, parts or components manufactured or supplied by others; (1
1) Products which have been subjected to misuse, negligence
or accidents; (12) Products which have been operated in a manner contrary to CM’
s printed instructions; (13) Products which have defects, damage or insuffi
cient performance as a result of insuffi
cient or incorrect system design or the improper
application, installation, or use of CM’
s products; or (14) Electricity or fuel costs, or any increases or unrealized savings in same, for any reason.
CM is not responsible for: (1)
The cost of any fl
uids, refrigerant or other system components, or the associated labor to repair or replace the same, which is incurred as a result of a defective part covered by CM’
s Limited Express
W
arranty; (2)
The cost
of labor
, refrigerant, materials or service incurred in diagnosis and removal of the defective part, or in obtaining and replacing the new or repaired part; (3)
Transportation costs of the defective part from the installation site to CM or of the return of any
part not covered by CM’
s Limited Express
W
arranty; or (4)
The costs of normal maintenance.
Limitation:
This Limited Express
W
arranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein, it is determined by a court or other qualifi
ed judicial body that other warranties exist, any such warranty
, including
without limitation any express warranty or any implied warranty of fi
tness for particular purpose and merchantability
, shall be limited to the duration of the Limited Express
W
arranty
. This Limited Express
W
arranty does not exclude any warranty that is
mandatory and that may not be excluded under applicable imperative law
.
LIMIT
ATION OF
REMEDIES
In the event of a breach of this Limited Express
W
arranty or any warranty that is mandatory under applicable imperative law
, CM will only be obligated at CM’
s option to either repair the failed part or unit or to furnish a new or rebuilt part or unit in ex‑
change for the part or unit which has failed. If after written notice to CM’
s factory in Oklahoma City
, Oklahoma, U.S.A. of each defect, malfunction or other failure and a reasonable number of attempts by CM to correct the defect, malfunction or other
failure and the remedy fails of its essential purpose, CM shall refund the purchase price paid to CM in exchange for the return of the sold good(s). Said refund shall be the maximum liability of CM.
TO
THE FULLEST
EXTENT
PERMITTED BY
APPLICABLE LA
W
, THIS REMEDY
IS
THE SOLE
AND EXCLUSIVE REMEDY
OF
THE CUST
OMER
AGAINST
CM FOR BREACH OF
CONTRACT
, FOR
THE BREACH OF
ANY
W
ARRANTY
OR FOR CM’S NEGLIGENCE
OR IN STRICT
LIABILITY
.
LIMIT
ATION OF
LIABILITY
CM shall have no liability for any damages if CM’
s performance is delayed for any reason or is prevented to any extent by any event such as, but not limited to: any war
, civil unrest, government restrictions or restraints, strikes, or work stoppages,
fi re, fl
ood, accident, allocation, shortages of transportation, fuel, materials, or labor
, acts of God or any other reason beyond the sole control of CM.
TO
THE FULLEST
EXTENT
PERMITTED BY
APPLICABLE LA
W
AND SUBJECT
T
O
THE NEXT
SENTENCE, CM EXPRESSL
Y DISCLAIMS
AND EXCLUDES
ANY
LIABILITY
FOR LOSS OF
PROFITS, LOSS OF
BUSINESS OR GOODWILL, CONSEQUENTIAL, INCIDENT
AL, SPECIAL, LIQUIDA
TED, OR
PUNITIVE DAMAGE IN CONTRACT
, FOR BREACH OF
ANY
EXPRESS OR IMPLIED
W
ARRANTY
, OR IN
TOR
T,
WHETHER FOR CM’
s NEGLIGENCE OR
AS STRICT
LIABILITY
. Nothing in this
Agreement is intended to
exclude CM’
s liability for death, personal injury or fraud.
OBT
AINING
W
ARRANTY
PERFORMANCE
Normally
, the contractor or service or
ganization who installed the products will provide warranty performance for the owner
. Should the installer be unavailable, contact any CM recognized Representative. If assistance is required in obtaining warranty
performance, write or call:
Climate Master
, Inc. • Customer Service • 7300 S.W
. 44th Street • Oklahoma City
, Oklahoma, U.S.A. 73179 • (405) 745‑6000 • F
AX (405) 745‑6068
NOTE: Some countries do not allow limitations on how long an implied warranty lasts, or the limitation or exclusions of consequential or incidental damages, so the foregoing exclusions and limitations may not apply to you.
This warranty gives you
specifi
c legal rights, and you may also have other rights which vary from state to state and country to country
.
Please refer to the CM Installation, Operation and Maintenance Manual for operating and maintenance instructions.
*LC078*
LC079
Cre
ate
d:
10/
09
Summary of Contents for Tranquility TR Series
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