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WARRANTY TERMS (USA)
EXPRESS LIMITED REMEDIES:
SUBJECT TO THE CONDITIONS AND EXCEPTIONS STATED HEREIN, your remedies for any claim related to the CLIMATE
WIZARD COOLER are limited to the following:
1.
For breach of the foregoing Express Limited Warranty, if a claim is timely made within the applicable Relevant Warranty
Period, THE SOLE AND EXCLUSIVE REMEDY SHALL BE, AT THE OPTION OF SIA AND AT SIA'S COST, TO REPAIR/
REPLACE THE DEFECTIVE PART, REPLACE THE COOLER, OR REFUND THE PURCHASE PRICE PAID for the Climate
Wizard cooler (any such refund excluding price paid by end-user for delivery, installation, service, repairs and/or maintenance).
If SIA elects to replace or repair either parts or coolers, SIA may, in its discretion, use refurbished parts or coolers in making
the replacement or repairs, and may, in its discretion, substitute similar SIA authorized parts or coolers instead of the identical
warranted part or cooler, even if such parts or coolers are not on its current price/equipment list. You shall have no recourse for
breach of the Express Limited Warranty if written notice of claim is not received by SIA within the applicable Relevant Warranty
Period, in which case your claim shall be deemed time-barred for all purposes.
2.
EXCLUSIONS FROM EXPRESS LIMITED WARRANTY. The EXPRESS LIMITED WARRANTY excludes coverage for and SIA
disclaims (and you hold harmless from and indemnify SIA against) any and all liability to or for:
a.
anyone other than You or any person directly deriving title to the Climate Wizard cooler from You whilst in its original
place of installation; (i.e. this Express Limited Warranty is assignable by You only to the person or entity who directly
acquires or buys from you your business and/or property, but the assignee has no further right of assignment); and
b.
normal wear and tear; and
c.
the cooler's cooling performance, efficiency, water, and electricity consumption, all of which may vary widely
depending upon the environment in which the cooler is installed and operates, the area, composition and insulation of
the interior structure which it is intended to cool, and how it is used; and
d.
damage, loss or claims caused by, resulting from, or arising out of any utilities, including, but not limited to, electrical
surges, and inadequacies, interruptions, failure, or other problems in or with electricity, power, or clean water supply to
the cooler; and
e.
damage, loss or claims caused by, resulting from, or arising out of installation, servicing, maintenance, or repair that is
not performed in accordance with SIA's written instructions; and
f.
the replacement, supply, or servicing of consumable items (including, without limitation, washers, seals, bearings,
drive belts, float valves, plumbing components, cooler pads); and
g.
calcification of the cooler pads, since calcification may be affected by minerals in the water supplied to the cooler and
in the ambient air; and
h.
installation or re-installation of the cooler (including without limitation related ductwork, fittings, and other installation
components) which is the responsibility of your Supplier and/or installer; and
i.
acts of God or nature, e.g., fire, flood, tornado, power outage, lightning, dust storm; or acts of theft or vandalism; or
any intentional act which impairs the utility of or damages the cooler; and
j.
all costs of labour and travel incurred in connection with repairing or replacing a defective part or the cooler; and
k.
any costs incurred by Us in connection with a warranty claim which We determine is not a valid claim covered by the
Express Limited Warranty; and
l.
personal, residential, or household use of the Climate Wizard cooler.
LOSS OF EXPRESS LIMITED WARRANTY: THE EXPRESS LIMITED WARRANTY SHALL BE NULL AND VOID, ALL
LIABILITY FOR BREACH OF SUCH WARRANTIES OR OTHERWISE SHALL BE DEEMED DISCLAIMED, AND YOU
SHALL WAIVE ALL RIGHTS AND REMEDIES OF ANY KIND FOR ANY ALLEGED DEFECT IN THE CLIMATE WIZARD
COOLER, IF:
a.
the Climate Wizard cooler has not been installed and commissioned, in accordance with the instructions in the
Owner's Manual, by a qualified, licensed, properly trained technician; OR
b.
the Climate Wizard cooler has not been operated by you, and/or serviced and/or maintained by a qualified, licensed
technician, in accordance with the instructions provided in the Owner's Manual; OR
c.
you fail to maintain and present with any notice of claim the up-to-date Maintenance Schedule (if same is contained
in the Owner Manual) showing all work performed on the cooler from installation, the date of each work item, a
description of the work performed, and the name, signature and contact details of the qualified, licensed technician
who performed the work; OR
d.
any installation, commissioning, service or maintenance has not been properly or competently performed in
accordance with applicable electrical, plumbing, building and safety codes and regulations; OR
e.
use of any replacement parts or spare parts not authorized by SIA; OR
f.
addition of any third party device to (except where such addition is required by the installation instructions and
complies with those instructions), or the removal, modification, or alteration of, the Climate Wizard cooler or any SIA
component thereof; OR
g.
the Climate Wizard cooler has been moved from the original place of installation (whether at the same premises or to
different premises).
EVEN IF THE EXCLUSIVE CONTRACTUAL REMEDY (OF REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE
PRICE) PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE, SIA SHALL NOT BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST REVENUES, DOWNTIME, LOSS OF USE, SUBSTITUTE EQUIPMENT, GOODWILL, DAMAGE TO OR
REPLACEMENT OF YOUR OTHER EQUIPMENT AND PROPERTY. IN NO EVENT SHALL OUR LIABILITY EXCEED THE
PURCHASE PRICE PAID FOR THE GOODS.
859741-L CW3 INSTALLATION MANUAL
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