Appendix
66 CG-SVX038A-EN
Warranty
I. Limited Product Warranty & Service
Policy
Napps Technology, Inc. (NAPPS) warrants for a period of
twelve (12) months from date of original shipment that all
products, manufactured by NAPPS, with the exception of
packaged refrigeration products, are free from defects of
material and workmanship when used within the service,
range, and purpose for which they were manufactured.
Packaged refrigeration products shall be so warranted for
a period of twelve (12) months from date of start-up or
eighteen (18) months from date of original shipment,
whichever may first occur. Service Parts shall be so
warranted for a period of ninety (90) days from date of
installation, or twelve (12) months from date of original
shipment, whichever may first occur.
In case material is rejected on inspection by the buyer as
defective, NAPPS shall be notified in writing within ten (10)
days from receipt of said material. NAPPS will then have
the option of re-inspection at the buyer’s plant or its own
plant before allowing or rejecting the buyer's claim.
Expenses incurred in connection with claims for which
NAPPS is not liable may be charged back to the buyer. No
claim for correction will be allowed for work done in the
field except with the written consent of NAPPS. Defects
that do not impair service shall not be cause for rejection.
NAPPS assumes no liability in any event for consequential
damages. No claim will be allowed for material damaged
by the buyer or in transit. Defective equipment or parts
shall be returned to NAPPS freight prepaid.
NAPPS will, at its option, repair, replace or refund the
purchase price of products found by NAPPS to be
defective in material or workmanship provided that
written notice of such defect requesting instruction for
repair, replacement or refund is received by NAPPS within
ten (10) days of determination of said defect, but not more
than one (1) year after the date of shipment, and provided
that any instructions given thereafter by NAPPS are
complied with.
Any products covered by this order found to NAPPS'
satisfaction to be defective upon examination at NAPPS'
factory will, at NAPPS’ option, be repaired or replaced and
returned to Buyer via lowest cost common carrier, or
NAPPS may, at its option, grant Buyer a credit for the
purchase price of the defective article.
Without limitation of the foregoing, this warranty shall not
apply to (i) deterioration by corrosion or erosion of
material or any cause or failure other than defect of
material or workmanship; (ii) the performance of any
system of which NAPPS’ products are a component part;
or (iii) any of NAPPS’ products or parts thereof which have
been subjected to alteration or repair by anyone other than
NAPPS or someone authorized by NAPPS, or subjected to
misuse, neglect, free chemicals in system, corrosive
atmosphere, abuse or improper use or misapplication
such as breakage by negligence, accident, vandalism, the
elements, shock, vibration or exposure to any other
service, range or environment of greater severity than that
for which the products were designed, or if operation is
contrary to NAPPS’ or manufacturer’s recommendation,
or if the serial number has been altered, defaced or
removed.
Hermetic motor/compressors furnished by NAPPS are
subject to the standard warranty terms set forth above,
except that the hermetic motor/compressor replacements
or exchanges shall be made through the nearest
authorized wholesaler of the hermetic motor/compressor
manufacturer (not NAPPS’ factory) and no freight shall be
allowed for transportation of the hermetic motor/
compressor to and from the wholesaler. For TRANE
hermetic motor/compressors, the nearest wholesaler
referred to herein shall be the nearest TRANE PARTS
CENTER. The replacement hermetic motor/compressor
shall be identical to the model of the hermetic motor/
compressor being replaced. Additional charges, which
may be incurred through the substitution of other than
identical replacements, are not covered by this warranty.
Evaporator failure due to fluid freezing that is the result of
low fluid flow or inadequate fl
uid freeze protection, for
applications with leaving fluid temperatures below 40°F, is
not covered by this warranty.
The Warranty provided above is the only Warranty made
by NAPPS with respect to its products or any parts
therefore and is made expressly in lieu of any other
Warranties, by course of dealing, usages of trade or
otherwise, expressed or implied, including but not limited
to any implied Warranties of fitness for any particular
purpose or of merchantability under the uniform
commercial code. It is agreed that this Warranty is in lieu
of and buyer hereby waives all other warranties,
guarantees or liabilities arising by law or otherwise.
NAPPS shall not incur any other, obligations or liabilities
or be liable to buyer or any customer of buyer for any
anticipated or lost profits, incidental or consequential
damages, or any other losses or expenses incurred by
reason of the purchase, installation, repair, use or misuse
by buyer or third parties of its products (including any
parts repaired or replaced); and NAPPS does not authorize
any person to assume for NAPPS any other liability in
connection with the products or parts therefore. NAPPS
shall not be responsible for the loss or replacement of or
the addition of compressor oil, or refrigerant.This
Warranty cannot be extended, altered or varied except by
a written instrument signed by NAPPS and buyer.
II. Limitation Of Liability
NAPPS shall not be liable, in contract or in tort, for any
special, indirect, incidental or consequential damages,
such as, but not limited to, loss of profits, or injury or
damage caused to property, products, or persons by
reason of the installation, modification, use, repair,
maintenance or mechanical failure of any NAPPS product.
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