User Manual

7 - Replacement components will not be provided under this
Basic Limited Warranty for Equipment where the serial or
model number plate is removed, defaced, or made illegible.
8 - This Basic Limited Warranty does not apply to any repairs,
services, or alterations needed to meet compliance with or
changes in federal, state, or local codes or regulations.
9 - This Basic Limited Warranty does not apply to, nor is
any warranty o󰀨ered by Lennox for, any Equipment or
components that have been stolen or have been ordered
over the Internet, by telephone, or other electronic means,
unless the dealer or licensed HVAC installer selling the
Equipment or components over the Internet, by telephone,
or other electronic mean, is also the installing contractor.
10 - Lennox will not pay electricity or fuel costs, or increases in
electricity or fuel costs, for any reason whatsoever, including
additional or unusual use of supplemental electrical heat.
This Basic Limited Warranty also does not cover lodging
expenses.
11 - Lennox shall not be responsible for any default or delay in
performance under this Basic Limited Warranty caused by
any factor or contingency outside of its control.
This Basic Limited Warranty gives the Owner specic legal
rights, as described herein, and the Owner may have other rights
which vary by state.
DISPUTE RESOLUTION
NOTE - PLEASE READ THIS SECTION CAREFULLY
AS IT AFFECTS YOUR RIGHTS AND THE
RESOLUTION OF DISPUTES
Some jurisdictions do not allow mandatory arbitration pro-
visions or class action waivers. In such jurisdictions, the
following dispute resolution provisions do not apply. The
Owner may have other rights that may vary by jurisdiction.
INDIVIDUAL ARBITRATION NOTICE: BY PURCHASING
EQUIPMENT OR MAKING A CLAIM UNDER THIS BASIC LIM-
ITED WARRANTY, THE OWNER IS AGREEING THAT ALL
DISPUTES BETWEEN THE OWNER AND LENNOX WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AS
MORE FULLY OUTLINED BELOW.
1 - Contact Lennox: Please report any Dispute (dened in
items 1 and 2 on page 5) to:
Lennox Industries Inc.
ATTN: Consumer A󰀨airs
P.O. Box 799900
Dallas, TX 75379-9900
2 - Mandatory Arbitration: Both the Owner and Lennox
agree that all Disputes must be resolved exclusively
through nal and binding arbitration, and not by a court
or jury; however, the Owner or Lennox may assert
claims in small claims court if (i) the claims qualify
for small claims court, (ii) the matter remains in small
claims court, and (iii) the matter proceeds only on an
individual (not a class or representative) basis.
Both the Owner and Lennox waive the right to a trial by jury
and any right to have a Dispute heard in court. Instead, all
Disputes must be resolved in arbitration by a neutral third-
party arbitrator. In arbitration, Disputes are resolved by an
arbitrator instead of a judge or jury, discovery is more limited
than in court, and the arbitrator’s decision is subject to limited
review by courts. However, the arbitrator must follow the law
and can award the same damages as in court, including
monetary damages, injunctive relief, declaratory relief, and
other relief. The arbitrator’s award can be conrmed in any
court of competent jurisdiction.
A single arbitrator, with the American Arbitration Association
(“AAA”), will conduct the arbitration, and the award may not
exceed the relief allowed by applicable law. The arbitration
will be conducted in the county of the Owner’s residence
or other mutually agreed location. For claims of $50,000 or
less, the AAA’s Supplementary Procedures for consumer-
related Disputes will apply. For claims over $50,000, the
AAA’s Commercial Arbitration Rules will apply. If either set of
rules is not available, the AAA rules applicable to consumer
Disputes apply. The AAA’s rules and a form initiating
arbitration proceedings are available at www.adr.org or by
calling 1-800-778-7879.
This arbitration provision is subject to the Federal
Arbitration Act (“FAA”), which governs its interpretation and
enforcement. To the extent the FAA does not apply to any
Dispute, the laws of the State of Texas, without regard to
principles of conicts of law, will apply. The arbitrator will
decide all issues of interpretation and application of this
Dispute Resolution section, the arbitration provision, and
this Basic Limited Warranty, with the exception of deciding
whether the Arbitration Class Action Waiver in Paragraph
2a is valid or enforceable. Except as expressly stated in
Paragraph 2a, a court will resolve any question regarding
the validity or enforceability of Paragraph 2a. This Dispute
Resolution section will survive termination of this Basic
Limited Warranty. The requirement to arbitrate shall be
broadly interpreted.
a - Arbitration Class Action Waiver (for all states other
than California): The Owner and Lennox agree that
arbitration will proceed solely on an individual basis
and no Dispute will be arbitrated as a class action,
consolidated with the claims of any other party, or
arbitrated on a consolidated, representative, or private
attorney general basis. Unless the Owner and Lennox
agree otherwise in writing, the arbitrator’s authority to
resolve and make awards is limited to Disputes between
the Owner and Lennox. The arbitrator’s award or
decision will not a󰀨ect issues or claims involved in any
proceeding between Lennox and any person or entity
who is not a party to the arbitration. The arbitrator may
award monetary, declaratory, or injunctive relief only in
favor of the individual party seeking relief and only to
the extent necessary to provide relief warranted by that
party’s individual claim. The arbitrator’s award, if any, will
not apply to any person or entity that is not a party to the
arbitration.
A court, not the arbitrator, will decide any questions
regarding the enforceability of this Paragraph 2a. If a
court deems any portion of this Paragraph 2a invalid
or unenforceable, the entire arbitration provision in
Paragraph 2 (other than this sentence) will be null and
void and not apply. For the avoidance of doubt, in no
event shall an arbitration occur on a class action or
collective basis.
Arbitration Class Action Waiver (for California): The
Owner and Lennox agree that arbitration will proceed solely
on an individual basis and no Dispute will be arbitrated as
a class action, consolidated with the claims of any other