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Appendix A
covered by this warranty. Evaporator failure due to fluid
freezing that is the result of low fluid flow or inadequate
fluid freeze protection, for applications with leaving fluid
temperatures below 40° F, is not covered by this warranty
THE WARRANTY PROVIDED ABOVE IS THE ONLY
WARRANTY MADE BY NAPPS WITH RESPECT TO ITS
PRODUCTS OR ANY PARTS THEREFORE AND IS MADE
EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, BY
COURSE OF DEALING, USAGES OF TRADE OR
OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF
FITNESS FOR ANY PARTICULAR PURPOSE OR OF
MERCHANTABILITY UNDER THE UNIFORM
COMMERCIAL CODE. IT IS AGREED THAT THIS
WARRANTY IS IN LIEU OF AND BUYER HEREBY WAIVES
ALL OTHER WARRANTIES, GUARANTEES OR LIABILITIES
ARISING BY LAW OR OTHERWISE. NAPPS SHALL NOT
INCUR ANY OTHER, OBLIGATIONS OR LIABILITIES OR BE
LIABLE TO BUYER OR ANY CUSTOMER OF BUYER FOR
ANY ANTICIPATED OR LOST PROFITS, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER LOSSES
OR EXPENSES INCURRED BY REASON OF THE
PURCHASE, INSTALLATION, REPAIR, USE OR MISUSE BY
BUYER OR THIRD PARTIES OF ITS PRODUCTS
(INCLUDING ANY PARTS REPAIRED OR REPLACED); AND
NAPPS DOES NOT AUTHORIZE ANY PERSON TO
ASSUME FOR NAPPS ANY OTHER LIABILITY IN
CONNECTION WITH THE PRODUCTS OR PARTS
THEREFORE. NAPPS SHALL NOT BE RESPONSIBLE FOR
THE LOSS OR REPLACEMENT OF OR THE ADDITION OF
COMPRESSOR OIL, OR REFRIGERANT. THIS WARRANTY
CANNOT BE EXTENDED, ALTERED OR VARIED EXCEPT
BY A WRITTEN INSTRUMENT SIGNED BY NAPPS AND
BUYER.
II. LIMITATION OF LIABILITY
NAPPS shall not be liable, in contract or in tort, for any
special, indirect, incidental or consequential damages,
such as, but not limited to, loss of profits, or injury or
damage caused to property, products, or persons by
reason of the installation, modification, use, repair,
maintenance or mechanical failure of any NAPPS product.
52
CG-SVX044B-EN
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