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WARRANTY TERMS (USA)
CONDITIONS TO WARRANTY CLAIM: Failure to comply with the following conditions shall waive your warranty claim and release
and discharge Us from any liability for same.
1.
NOTICE.
In order to make a claim hereunder, You must send to the original Supplier of the cooler, or a cooler
contractor authorized by Us, or Us, written notice of the claim made, describing the breach claimed with particularity, stating
the date you first learned of it, with your name, address and daytime telephone number, the address at which the Goods are
installed, and the model and serial number of the Goods, by mail or (if to Us, then you may also do this through our website
(see details below)), and the written notice (or claim lodged through our website) must be received within the Relevant Warranty
Period:
• If by mail to Us, then to:
Convair Cooler Corporation dba
Seeley International (Americas)
1002 South 56th Avenue
Suite 101
Phoenix, Arizona 85043
United States of America; or
• If to Us through our website, then at:
www.seeleyinternational.com/americaswarranty
2.
PROOF OF PURCHASE AND SERVICE RECORDS. You shall, in our discretion, within the Relevant Warranty Period, either
send to us at the address below, or make available for inspection by the authorized person or company who repairs or replaces
the defective part or cooler: (i) the legible and unmodified original proof of purchase, which clearly indicates the name and
address of the original retailer, the date and place of purchase, the product name or other product serial number, and show you
as the original end-user customer for the Goods, (ii) all of your records of installation, service and maintenance carried out to
the Goods, plus the up-to-date Maintenance Schedule (if same exists) in the Owner's Manual, and (iii) your name and contact
details.
3.
SAFE ACCESS TO THE GOODS. You shall provide Us, or the authorized person or company that repairs or replaces the
defective part or cooler, safe access to your premises and the specific location on your premises where the Goods are installed
so that We and/or that authorized person or company may safely access and inspect the Goods and, if a breach of warranty is
confirmed, make repairs or replace parts, whichever remedy We elect in our discretion.
DISPUTE RESOLUTION.
4.
GOVERNING LAW. This Limited Warranty and all disputes arising from or related to the Climate Wizard cooler sold herewith
shall be governed by the Federal Arbitration Act and the laws of the State of Denver, excluding its conflicts of law rules and
excluding application of the U.N. Convention on Contracts for the International Sale of Goods.
5.
FORUM. All disputes arising from or related to this Limited Warranty or the Climate Wizard cooler (including but not limited to
the validity of this arbitration clause) shall be exclusively resolved by binding arbitration conducted by an arbitrator pursuant to
the Commercial Arbitration Rules of the American Arbitration Association in Denver, Colorado. You waive the right to join your
claim with the claims of any other claimants in a class action or other proceeding, to the maximum extent that such waiver is
permissible. The courts in Denver, Colorado shall be the exclusive venue for ancillary relief in aid of arbitration, to which venue
and jurisdiction all parties consent. The arbitral award shall be final and non-appealable and shall be enforceable in any court
of competent jurisdiction. You agree to maintain the confidentiality of and not to disclose the claims made in the arbitration,
the evidence submitted therein, or the arbitral award, subject to both parties' rights to entry of judgment upon the award by a
court of competent jurisdiction. This arbitration clause shall be binding upon all parties to a claim that relates in any way to this
Limited Warranty or the Climate Wizard cooler, including Us, You, the Supplier, and all third parties.
6.
ATTORNEYS' FEES AND COSTS. The prevailing party in any legal proceeding shall be entitled to recover its/his or her
reasonable attorneys' fees and costs (including arbitration fees and costs paid).
7.
BINDING EFFECT. This Limited Warranty is binding upon and shall inure to the benefit of Convair Cooler Corporation and
its parent company, Seeley International Pty Ltd of Australia, which is the manufacturer of the Goods, and which has made
a Limited Warranty to SIA that corresponds to this Limited Warranty; and to You and any person directly acquiring title to the
Climate Wizard cooler from You whilst in its original place of installation.
MISCELLANEOUS.
1.
Severability. If any provision hereof is determined to be invalid or unenforceable, the remainder of this Limited Warranty shall
continue in full and effect.
2.
Captions. The captions or headings used for the provisions hereof are used for convenience only and shall not be interpreted to
restrict the plain meaning of the provisions themselves.
TO CONTACT US:
Customer Service Department
Convair Cooler Corporation dba
Seeley International (Americas)
1002 South 56th Avenue
Suite 101
Phoenix, Arizona 85043
Tel: +1 (602) 353 8066
www.seeleyinternational.com/americaswarranty
48 |
859741-L CW3 INSTALLATION MANUAL
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