Modine Manufacturing MEQ15A01 Installation, Operation And Maintenance Manual page 45

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
Heating and Indoor Air Quality Products
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
inadequacy or interruption of electrical service or fuel supply; or
(12) Any Products or components thereof from which the serial
9-516.0
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Aug, 2023
WARRANTY
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