CW-H INSTALLATION, OPERATION & MAINTENANCE MANUAL 859749-J | 51
WARRANTY TERMS (USA)
EXPRESS LIMITED REMEDIES:
SUBJECT TO THE CONDITIONS AND EXCEPTIONS STATED HEREIN, your remedies for any claim related to the CLIMATE
WIZARD COOLER are limited to the following:
7. For breach of the foregoing Express Limited Warranty, if a claim is timely made within the applicable Relevant Warranty
Period, THE SOLE AND EXCLUSIVE REMEDY SHALL BE, AT THE OPTION OF SIA AND AT SIA’S COST, TO REPAIR/
REPLACE THE DEFECTIVE PART, REPLACE THE COOLER, OR REFUND THE PURCHASE PRICE PAID for the Climate
Wizard cooler (any such refund excluding price paid by end-user for delivery, installation, service, repairs and/or maintenance).
If SIA elects to replace or repair either parts or coolers, SIA may, in its discretion, use refurbished parts or coolers in making
the replacement or repairs, and may, in its discretion, substitute similar SIA authorized parts or coolers instead of the identical
warranted part or cooler, even if such parts or coolers are not on its current price/equipment list. You shall have no recourse for
breach of the Express Limited Warranty if written notice of claim is not received by SIA within the applicable Relevant Warranty
Period, in which case your claim shall be deemed time-barred for all purposes.
8. EXCLUSIONS FROM EXPRESS LIMITED WARRANTY. The EXPRESS LIMITED WARRANTY excludes coverage for and SIA
disclaims (and you hold harmless from and indemnify SIA against) any and all liability to or for:
9. anyone other than You or any person directly deriving title to the Climate Wizard cooler from You whilst in its original place of
installation; (i.e. this Express Limited Warranty is assignable by You only to the person or entity who directly acquires or buys
from you your business and/or property, but the assignee has no further right of assignment); and
10. normal wear and tear; and
11. the cooler’s cooling performance, eciency, water, and electricity consumption, all of which may vary widely depending upon
the environment in which the cooler is installed and operates, the area, composition and insulation of the interior structure which
it is intended to cool, and how it is used; and
12. damage, loss or claims caused by, resulting from, or arising out of any utilities, including, but not limited to, electrical surges,
and inadequacies, interruptions, failure, or other problems in or with electricity, power, or clean water supply to the cooler; and
13. damage, loss or claims caused by, resulting from, or arising out of installation, servicing, maintenance, or repair that is not
performed in accordance with SIA’s written instructions; and
14. the replacement, supply, or servicing of consumable items (including, without limitation, washers, seals, bearings, drive belts,
oat valves, plumbing components, cooler pads); and
15. calcication of the cooler pads, since calcication may be aected by minerals in the water supplied to the cooler and in the
ambient air; and
16. installation or re-installation of the cooler (including without limitation related ductwork, ttings, and other installation
components) which is the responsibility of your Supplier and/or installer; and
17. acts of God or nature, e.g., re, ood, tornado, power outage, lightning, dust storm; or acts of theft or vandalism; or any
intentional act which impairs the utility of or damages the cooler; and
18. all costs of labour and travel incurred in connection with repairing or replacing a defective part or the cooler; and
19. any costs incurred by Us in connection with a warranty claim which We determine is not a valid claim covered by the Express
Limited Warranty; and
20. personal, residential, or household use of the Climate Wizard cooler.
LOSS OF EXPRESS LIMITED WARRANTY: THE EXPRESS LIMITED WARRANTY SHALL BE NULL AND VOID, ALL
LIABILITY FOR BREACH OF SUCH WARRANTIES OR OTHERWISE SHALL BE DEEMED DISCLAIMED, AND YOU
SHALL WAIVE ALL RIGHTS AND REMEDIES OF ANY KIND FOR ANY ALLEGED DEFECT IN THE CLIMATE WIZARD
COOLER, IF:
21. the Climate Wizard cooler has not been installed and commissioned, in accordance with the instructions in the Owner’s Manual,
by a qualied, licensed, properly trained technician; OR
22. the Climate Wizard cooler has not been operated by you, and/or serviced and/or maintained by a qualied, licensed technician,
in accordance with the instructions provided in the Owner’s Manual; OR
23. you fail to maintain and present with any notice of claim the up-to-date Maintenance Schedule (if same is contained in the
Owner Manual) showing all work performed on the cooler from installation, the date of each work item, a description of the work
performed, and the name, signature and contact details of the qualied, licensed technician who performed the work; OR
24. any installation, commissioning, service or maintenance has not been properly or competently performed in accordance with
applicable electrical, plumbing, building and safety codes and regulations; OR
25. use of any replacement parts or spare parts not authorized by SIA; OR
26. addition of any third party device to (except where such addition is required by the installation instructions and complies with
those instructions), or the removal, modication, or alteration of, the Climate Wizard cooler or any SIA component thereof; OR
27. the Climate Wizard cooler has been moved from the original place of installation (whether at the same premises or to dierent
premises).
EVEN IF THE EXCLUSIVE CONTRACTUAL REMEDY (OF REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE
PRICE) PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE, SIA SHALL NOT BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST REVENUES, DOWNTIME, LOSS OF USE, SUBSTITUTE EQUIPMENT, GOODWILL, DAMAGE TO OR
REPLACEMENT OF YOUR OTHER EQUIPMENT AND PROPERTY. IN NO EVENT SHALL OUR LIABILITY EXCEED THE
PURCHASE PRICE PAID FOR THE GOODS.