Emerson Liebert DS Precision Cooling System 28-105kW Warranty Information
Thermal Management Systems Warranty Rev. 9.10.2013
SL-02000
It is Liebert's practice, consistent with its desire to remedy Warranty defects in the most prompt and effective manner possible, to cooperate with
and utilize the services of component manufacturers and their authorized representatives in the performance of work to correct defects in the
product components. Accordingly, Liebert may utilize third parties in the performance of Warranty work, including repair or replacement
hereunder, where, in Liebert's opinion, such work can be performed in less time, with less expense, or in closer proximity to the Liebert product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate electrical
current or connection, inadequate water or drain services, negligence, inappropriate on site operating conditions, corrosive atmosphere, failure to
adequately maintain the Product using a qualified Service Provider, repair by non-Liebert designated personnel, accident in transit, tampering,
alterations, a change in location or operating use, exposure to the elements, Acts of God, theft, installation contrary to Liebert's recommendations
or specifications, or in any event if the Liebert serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, circuit breaker resetting, loss of refrigerant or maintenance or service
items and further, except as may be provided herein, does NOT include labor costs or transportation charges arising from the replacement of the
Liebert compressor or any part thereof or charges to remove or reinstall the same at any premises of User.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN ANY SAFETY APPLICATIONS OR WITHIN THE
CONTAINMENT AREA OF A NUCLEAR FACILITY OR WHERE THE PRODUCTS HAVE POTENTIAL FOR DIRECT PATIENT
CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. THE
PRODUCTS LISTED IN THIS WARRANTY MAY BE PLACED DIRECTLY OVER PATIENTS OR DIAGNOSTIC AND SURGICAL
EQUIPMENT ONLY WHERE THE END-USE CUSTOMER HAS SIGNED LIEBERT’S HEALTHCARE APPLICATION SALES
AGREEMENT, OTHERWISE THE WARRANTY IS VOID.
REPAIR OR REPLACEMENT OF A DEFECTIVE COMPRESSOR OR PART THEREOF DOES NOT EXTEND THE ORIGINAL
WARRANTY PERIOD.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE LIEBERT COMPRESSOR AS SET FORTH HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, LIEBERT'S
RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE.
IN NO EVENT SHALL LIEBERT ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT, OR OTHERWISE.
Miscellaneous:
NO SALESPERSON, EMPLOYEE OR AGENT OF LIEBERT IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified, if at all, only in a writing signed by a Liebert officer.
Liebert obligations under this warranty are conditioned upon Liebert timely receipt of full payment of the product purchase price and any other
amounts due. Liebert reserves the right to supplement or change the terms of this Warranty in any subsequent warranty offering to User or others.
In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period, the remaining
terms and provisions shall continue in full force and effect.
This Warranty shall be governed by, and construed under, the laws of the State of Ohio, without reference to the conflict of laws principles
thereof.
This Warranty represents the entire agreement between Liebert and User with respect to the subject matter herein and supersedes all prior or
contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.