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Warranty
As Modine Manufacturing Company has a continuous product improvement program, it
reserves the right to change design and specifications without notice.
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 2002 3/02 - 24M 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,
T
HERE
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.
H
eat Exchangers
For Seller’s non-separ
ated combustion gas-fired unit heaters and packaged
rooftop units
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.
For Seller's Low Intensity Gas-Fired Infrared 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 FIVE YEARS FROM DATE OF FIRST BENEFICIAL
USE BY BUYER OR ANY OTHER USER, WITHIN FIVE YEARS FROM DATE
OF RESALE BY BUYER OR ANY OTHER USER, WITHIN FIVEYEARS
FROM DATE OF RESALE BY BUYER IN ANY UNCHANGED CONDITION,
OR WITHIN 66 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.
H
eat Exchanger (Condensers)
for all Seller’s products except non-separ
ated
combustion gas-fired unit heaters and infrared 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.
A
ll Other Components Excluding Heat Exchanger (Condenser), Burner, and
Sheet Metal
All Seller Heating Products except St. Paul Produced products, Packaged
Rooftop Units, and High Intensity
Gas-Fired Infrared 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 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.
St. Paul Produced Products, Packaged Rooftop Units, and High Intensity Gas-
Fired Infrared Heaters
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.
C
ancellation – 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 data of shipment only if
the Buyer notifies Seller, at the address on the Seller’s INVOICE, of the particular
details of non-conformance or defect of such material of 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 be 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.
G
overning 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).
Heater Parts from ACF Greenhouses