Modine Manufacturing HD Installation And Service Manual - page 20
Commercial HVAC
&
R Division
Modine Manufacturing Company
1221 Magnolia Avenue
Buena Vista, Virginia 24416
Phone: 1.800.828.4328 (HEAT)
Fax: 540.261.1903 (Service & Parts)
www.modine.com
© Modine Manufacturing Company 1999
C12/00 - 10M Litho in USA
Seller warrants its products to be free from defects in material and
workmanship, EXCLUSIVE, HOWEVER, of failures attributable to the use of
materials substituted under emergency conditions for materials normally
employed. This warranty covers replacement of any parts furnished from the
factory of Seller, but does not cover labor of any kind and materials 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. This warranty does not apply to
any equipment which shall have been repaired or altered outside the factory of
Seller in any way so as, in the judgment of Seller, to affect its stability, nor
which has been subjected to misuse, negligence, or operating conditions in
excess of those for which such equipment was designed. This warranty does
not cover the effects of physical or chemical properties of water or steam or
other liquids or gases used in the equipment.
BUYER AGREES THAT SELLER’S WARRANTY OF ITS PRODUCTS TO BE
FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP, AS LIMITED
HEREIN, SHALL BE IN LIEU OF AND EXCLUSIVE OF ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING
FROM LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE,
THERE ARE NO OTHER WARRANTIES, INCLUDING WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PURPOSE, WHICH EXTEND
BEYOND THE PRODUCT DESCRIPTION CONFIRMED BY BUYER AND
SELLER AS OF THE DATE OF FINAL AGREEMENT.
This warranty is void if the input to the product exceeds the rated input as
indicated on the product serial plate by more than 5% on gas-fired and oil-fired
units, or if the product in the judgment of SELLER has been installed in a
corrosive atmosphere, or subjected to corrosive fluids or gases, been
subjected to misuse, negligence, accident, excessive thermal shock, excessive
humidity, physical damage, impact, abrasion, unauthorized alterations, or
operation contrary to SELLER’S printed instructions, or if the serial number has
been altered, defaced or removed.
Heat Exchangers
For Seller’s non-separated combustion gas-fired unit heaters.
BUYER’S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF
ALL OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR
OR REPLACEMENT AT THE FACTORY OF SELLER, ANY HEAT
EXCHANGER WHICH SHALL, WITHIN TEN YEARS FROM DATE OF
FIRST BENEFICIAL USE BY BUYER OR ANY OTHER USER, WITHIN
TEN YEARS FROM DATE OF RESALE BY BUYER OR ANY OTHER
USER, WITHIN TEN YEARS FROM DATE OF RESALE BY BUYER IN
ANY UNCHANGED CONDITION, OR WITHIN ONE HUNDRED TWENTY-
SIX MONTHS FROM DATE OF SHIPMENT FROM SELLER,
WHICHEVER OCCURS FIRST, BE RETURNED TO SELLER WITH
TRANSPORTATION CHARGES PREPAID AND WHICH THE
EXAMINATION OF SELLER SHALL DISCLOSE TO HAVE BEEN
DEFECTIVE; EXCEPT THAT WHEN THE PRODUCT IS TO BE USED BY
BUYER AS A COMPONENT PART OF EQUIPMENT MANUFACTURED
BY BUYER, BUYER’S REMEDY FOR BREACH, AS LIMITED HEREIN,
SHALL BE LIMITED TO ONE YEAR FROM DATE OF SHIPMENT FROM
SELLER. FOR GAS-FIRED PRODUCTS INSTALLED IN HIGH HUMIDITY
APPLICATIONS AND UTILIZING STAINLESS STEEL HEAT
EXCHANGERS, BUYER’S REMEDY FOR BREACH, AS LIMITED
HEREIN, SHALL BE LIMITED TO TEN YEARS FROM DATE OF
SHIPMENT FROM SELLER.
Heat Exchanger (Condensers) for all Seller’s products except non-
separated combustion gas-fired unit heaters, and Burners and Sheet Metal
for all products.
BUYER’S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF
ALL OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR
OR REPLACEMENT AT THE FACTORY OF SELLER, ANY HEAT
EXCHANGER (CONDENSER) OR BURNER WHICH SHALL, WITHIN
ONE YEAR FROM DATE OF FIRST BENEFICIAL USE BY BUYER
OR ANY OTHER USER, WITHIN ONE YEAR FROM DATE OF
RESALE BY BUYER IN ANY UNCHANGED CONDITION, OR WITHIN
EIGHTEEN MONTHS FROM DATE OF SHIPMENT FROM SELLER,
WHICHEVER OCCURS FIRST, BE RETURNED TO SELLER WITH
TRANSPORTATION CHARGES PREPAID AND WHICH THE
EXAMINATION OF SELLER SHALL DISCLOSE TO HAVE BEEN
DEFECTIVE; EXCEPT THAT WHEN THE PRODUCT IS TO BE USED BY
BUYER AS A COMPONENT PART OF EQUIPMENT MANUFACTURED
BY BUYER, BUYER’S REMEDY FOR BREACH, AS LIMITED HEREIN,
SHALL BE LIMITED TO ONE YEAR FROM DATE OF SHIPMENT FROM
SELLER.
All Other Components Excluding Heat Exchanger (Condenser),
Burner, and Sheet Metal
All Seller Heating Products except Direct-Fired and Weatherpack
®
.
BUYER’S REMEDY FOR BREACH OF WARRANTY, EXCLUSIVE OF
ALL OTHER REMEDIES PROVIDED BY LAW, IS LIMITED TO REPAIR
OR REPLACEMENT AT THE FACTORY OF SELLER, ANY PART OR
PARTS WHICH SHALL, WITHIN TWO YEARS FROM DATE OF FIRST
BENEFICIAL USE BY BUYER OR ANY OTHER USER, WITHIN TWO
YEARS FROM DATE OF RESALE BY BUYER IN ANY UNCHANGED
CONDITION, OR WITHIN THIRTY MONTHS FROM DATE OF
SHIPMENT FROM SELLER, WHICHEVER OCCURS FIRST, BE
RETURNED TO SELLER WITH TRANSPORTATION CHARGES
PREPAID AND WHICH THE EXAMINATION OF SELLER SHALL
DISCLOSE TO HAVE BEEN DEFECTIVE; EXCEPT THAT WHEN THE
PRODUCT IS TO BE USED BY BUYER AS A COMPONENT PART OF
EQUIPMENT MANUFACTURED BY BUYER, BUYER’S REMEDY FOR
BREACH, AS LIMITED HEREIN, SHALL BE LIMITED TO ONE YEAR
FROM DATE OF SHIPMENT FROM SELLER.
Direct-Fired and Weatherpack
®
.
BUYER’S REMEDY FOR BREACH OF WARRANTY EXCLUSIVE OF ALL
OTHER REMEDIES PROVIDED BY LAW IS LIMITED TO REPAIR OR
REPLACEMENT AT THE SELLER’S OPTION ANY PART OR PARTS
WHICH SHALL WITHIN A PERIOD OF ONE YEAR FROM DATE OF
FIRST BENEFICIAL USE BY BUYER OR ANY OTHER USER, WITHIN
ONE YEAR FROM DATE OF RESALE BY BUYER IN ANY UNCHANGED
CONDITION, OR WITHIN 18 MONTHS FROM DATE OF SHIPMENT
FROM SELLER, WHICHEVER OCCURS FIRST, BE RETURNED TO
SELLER WITH TRANSPORTATION CHARGES PREPAID AND WHICH
THE EXAMINATION OF THE SELLER SHALL DISCLOSE TO HAVE
BEEN DEFECTIVE.
BUYER AGREES THAT IN NO EVENT WILL SELLER BE LIABLE FOR
COSTS OF PROCESSING, LOST PROFITS, INJURY TO GOODWILL, OR
ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND
RESULTING FROM THE ORDER OR USE OF ITS PRODUCT, WHETHER
ARISING FROM BREACH OF WARRANTY, NONCONFORMITY TO
ORDERED SPECIFICATIONS, DELAY IN DELIVERY, OR ANY LOSS
SUSTAINED BY THE BUYER.
Cancellation — Inspection — Rejection
Orders for material or equipment are not cancelable, either in whole or part, nor
is material returnable for credit.
Seller will replace any material or equipment not conforming to the product
description as agreed upon by Buyer and Seller as of the date of shipment only
if the Buyer notifies Seller, at the address on the Seller’s INVOICE, of the
particular detail of non-conformance or defect of such material or equipment, by
written or electronic notice, either before or immediately upon delivery, and only
if such non-conforming material or equipment is returned, sold, or otherwise
disposed of in accordance with instructions of Seller. Buyer agrees to inspect all
of the ordered material or equipment either before or upon delivery and waives
all his rights to reject or refuse to accept any non-conforming material or
equipment unless notice is given to Seller in the aforesaid time and manner.
Buyer may inspect the ordered material at Seller’s plant in an area designated
by Seller. Buyer agrees that the right of rejection of non-conforming material or
equipment, as limited herein, and the right to replacement by Seller with
material or equipment, as limited herein, and the right to replacement by Seller
with material or equipment conforming to the ordered specifications, are
exclusive of all other remedies provided by law. Written authorization must be
issued by Seller before any material is returned to its plant.
Governing Law
It is agreed that the parties hereto intend that all questions as to validity,
interpretation, and required performance arising out of this contract are to be
governed by the laws of the State of Wisconsin (Uniform Commercial Code).
COMMERCIAL WARRANTY
As Modine Manufacturing Company has a continous product improvement program, it
reserves the right to change design and specifications without notice.
• FOR RESIDENTIAL USE SEE LIMITED CONSUMER WARRANTY ON PREVIOUS PAGE