Warranty - Modine Manufacturing AMP Installation And Service Manual

WARRANTY

This Warranty (the "Warranty") shall apply to Products
(as defined below) sold by Modine Manufacturing Company,
a Wisconsin corporation ("Seller") to you ("Buyer").
Seller hereby warrants that during the Applicable Warranty
Period (as defined below) its Products shall be free from
defects in material and factory workmanship under normal
use and service, subject to the EXCLUSIONS described
below and according to the terms outlined in this Warranty.
If Seller receives written notice of a breach of this Warranty
prior to the end of the Applicable Warranty Period (which
such notice shall include the model and serial numbers of
the Product, as well as the date and a reasonably detailed
description of the Product's alleged failure), Buyer shall with
Seller's prior written approval, return the applicable Product
or component thereof to Seller with shipping charges prepaid;
if upon examination by Seller such Product or component
thereof is disclosed to have been defective, then Seller will,
without charge to Buyer, at Seller's option, either repair the
Product, replace defective parts in the Product, or offer an
entire replacement unit of the Product; provided that the
warranty period for a Product that has been repaired or
provided with replacement parts shall not extend beyond
the original Applicable Warranty Period, nor shall any
replacement parts provided for a Product be under any
warranty beyond the original Applicable Warranty Period for
the Product; similarly, if Seller provides an entire replacement
unit of the Product, the warranty period for the replacement
unit is limited to the remainder of the original Applicable
Warranty Period. Seller shall have no responsibility for
installation, service, field labor, shipping, handling, or other
costs or charges, except as expressly provided in this
Warranty. Buyer shall have no remedy hereunder for any
defective part returned without proper written authorization
from Seller, as described above.
For purposes of this Warranty and subject to the exclusions
described below, the term "Products" shall mean parts or
equipment manufactured by Seller, sold to Buyer pursuant
to a purchase contract between Buyer and Seller (most
often initiated by a purchase order issued by Buyer and
accepted by Seller), and expressly described in such
contract. The term "Products" shall not include third-party
parts or equipment furnished by Seller, except that, to the
extent assignable, Seller will assign to Buyer the benefits
(together with all limitations and exclusions) of the third-
party manufacturer's warranty for such parts or equipment.
This Warranty extends only to the original purchase contract
between Buyer and Seller and is nontransferable, except that
this Warranty may be assigned to an Authorized End User (as
defined below). All replaced parts or equipment shall become
Seller's property. For purposes of this Warranty, the term
"Applicable Warranty Period" shall mean the warranty period
set forth in the table below for each type or class of Product
described on the table; provided that, when the Product is
to be used as a component part of equipment manufactured
by Buyer, the Applicable Warranty Period shall be limited
to one (1) year after the date of shipment from Seller,
notwithstanding anything in the table below to the contrary.
For purposes of this Warranty, the term "Authorized End
User" shall mean any third-party that purchases the Product
directly or indirectly from Buyer for the Authorized End User's
own use upon the first installation of the Product and not for
resale.
BUYER HEREBY ACKNOWLEDGES THAT ITS REMEDIES
FOR BREACH OF THIS WARRANTY, EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW, ARE LIMITED AS
DESCRIBED ABOVE.
EXCLUSIONS AND LIMITATIONS: This Warranty is subject to
the following exclusions and limitations:
The term "Products" shall not include and this Warranty shall not
apply to any of the following items: refrigerant gas, belts, filters,
fuses and other items consumed or worn out by normal wear and
tear.
In addition, this Warranty shall not apply to:
(1) Products or components thereof that are damaged or
adversely affected by conditions beyond Seller's control,
including but not limited to polluted or contaminated or foreign
matter contained in the air or water utilized for heat exchanger
(condenser) cooling or if the failure of the part is caused by
improper air or water supply, or improper or incorrect sizing of
power supply;
(2) Any Products or components thereof which have been
repaired or altered outside the factory of Seller in any way, or
otherwise subject to unauthorized repairs or alterations, so as,
in the judgment of Seller, to affect the Product's durability or
performance;
(3) Materials or labor of any kind not furnished by Seller, or
any charges for any such labor or materials, whether such labor,
materials or charges thereon are due to replacement of parts,
adjustments, repairs, or any other work done by any party other
than Seller;
(4) Labor or other costs incurred for diagnosing, repairing,
removing, installing, shipping, servicing, or handling of either
defective or replacement parts;
(5) Any Products removed from their original location for
reinstallation in another location;
(6) Any Products or components thereof which have been
operated, maintained, or serviced contrary to Seller's written
installation, operation, and/or servicing instructions or owner's
manual;
(7) Damages resulting from operation with an inadequate or
interrupted supply of air or water;
(8) Any Products or components thereof which have been
subjected to misuse, negligence, faulty installation, improper
servicing, accident, excessive thermal shock, excessive humidity,
physical damage, impact, abrasion, improper operation, or other
operating conditions in excess of or contrary to those for which
such equipment was designed;
(9) With respect to gas-fired or oil-fired units, any Products or
components thereof if the input to the Product exceeds the rated
input (as indicated on the Product's serial plate) by more than five
percent (5%);
(10) Any Products or components thereof which, in the judgment
of Seller, have been installed in a corrosive atmosphere, marine,
or coastal application, subjected to corrosive fluids or gases, or
damaged or adversely affected by the effects of the physical or
chemical properties of water or steam or other liquids or gases
used in the Products or any component thereof;
(11) Damage or failure to start resulting from improper voltage
conditions, blown fuses, open circuit breakers, or other
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