Warranty

3. Obtaining Warranty Service: To obtain warranty service, owner must first contact the installer or any other qualified contractor, to determine the cause of the
failure and diagnose the Product. PD provides diagnostic information such as manuals and videos based on certain error codes Product may display and at
the lack of any specific error codes, based on certain symptoms observed and specific electrical and mechanical measurement made and recorded by the
in
staller or other contractors, as needed or required for the proper diagnosis. PD is not able to remotely diagnose a Product and or offer remedies, without
proper diagnosis results submitted to it. Upon determination by the installer or contractor that the failure is caused by a defect covered under this warranty, the
owner, installer or contractor may contact PD and request warranty service. When contacting, the following forms and information need to be provided:
a. Copies of the official warranty registration card and any purchasing documents, showing the model and serial numbers and purchase and installation
dates.
b. A report prepared after the diagnosis, indicating the nature of the defect, name and model number of the defective part, failure date, and if known, the
reason for the failure and the remedy determined.
c. PD might ask for photos and other diagnostic information it deems necessary prior to processing the warranty claim.
4. The remedies provided above are the sole remedies for any failure of PD to comply with its obligations. Correction of any nonconformity in the
manner and for the period of time provided above shall constitute complete fulfillment of all the liabilities of PD, whether the claims of the claimants
are based in contract, in tort (including PD’s negligence or strict liability) or otherwise with respect to or arising out of the Products furnished
hereunder. PD, its contractors, dealers, and supplier of any tier, shall not be liable in contract, in tort (including PD’s negligence or strict liability)
or otherwise for damage or loss of other property or equipment, loss of profits or revenue, loss of use of equipment or power system, cost of capital,
cost of purchased or replacement power or temporary equipment (including additional expenses incurred in using existing facilities), claims of
othe
r’s to the claimant, or for any special, indirect, incidental, or consequential damages whatsoever. The remedies of the owner set forth herein
are exclusive and the liability of PD with respect to any claims, arising from the sale and use of the Products sold under this warranty agreement or
anything done in connection therewith such as the performance of the breach thereof, or from the manufacture, sale, delivery, resale, or use of any
Product covered by
or furnished under this warranty agreement, whether in contract, in tort (Including PD’s negligence or strict liability) or otherwise
shall not exceed the price of the Product or its parts on which such liability is based.
5. This warranty is not transferable.
6. No person or entity is authorized to change the terms and conditions outlined in this warranty agreement, in any respect, or to create any additional obligations
or liabilities for any party involved.
7. This warranty agreement supersedes any and all prior warranty agreements between the parties and constitutes the complete, final and exclusive understan
ding
of the parties with respect to the subject matter. All prior negotiations, representations, or promises, whether oral or written, of either party shall be deemed to
have been merged herein.
8. If any part of this warranty agreement shall be invalidated for any reason, such part shall be deleted and the remainder shall be unaffected and shall con
tinue
in full force and effect.
9. This warranty provides you certain legal rights and you may also have other rights, which vary from State to State. Therefore, some of these limitations or
exclusions may not apply to you.
10. Pursuing legal remedies:
ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE, AS IT AFFECTS YOUR LEGAL RIGHTS.
a. This arbitration clause affects your rights against PD and any of its employees, agents, affiliates, succ
essors, or assigns, all of whom together are
referred to below as “we” or “us” for the simplicity of reference.
b. ARBITRATION REQUIREMENT: EXCEPT AS STATED BELOW, ANY DISBUTE BETWEEN YOU AND ANY OF US SHALL BE DECIDED BY
NEUTRAL AND BINDING ARBITRATION, RATHER THAN ANY COURT OR BY TRIAL BY JURY. ARBITRATION WILL BE HANDLED ONLY ON
AN INDIVIDUAL BASIS AND ALL PARTIES EXPRESSLY WAIVE; ANY RIGHTS TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS
MEMBER, ANY RIGHTS TO CLASS ARBIRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. THE ARBITRATOR WILL BE A
MEMBER OF THE AMERICAN ARBITRATION ORGANIZATION. The meaning of “Dispute” has the broadest possible meaning allowable by law,
including any controversy, claim or other dispute, relating to or arising from the purchase of the Product, any of the warranties upon the Product, or the
condition of the Product, as well as the determination of the application or the scope of the Arbitration Clause itself. Rights to appeal and discovery are
also limited in arbitration based on the rules of the arbitration organizations.
c. Governing Law: Effect and procedures of arbitration will be governed by the Federal Arbitration Act (9 U.S.C. § et seq.) rather than any related state
law. In case of any substantive warranty, your claims and rights under such substantive warranty will be governed by the applicable law of the state in
which Product was purchased.
d. Location of the Arbitrat
ion: Unless otherwise provided under the applicable law, arbitration hearing will be conducted in the judicial district in Miami-
Dade County, Florida.
e. Costs of the Arbitration: Unless otherwise provided under the applicable law, each party will be responsible for; its own costs payable to the arbitrati
on
organization, and the costs of their attorneys, experts or other fees.
f. Survival and Enforceability of the Arbitration Clause: This arbitration clause will survive the expiration or termination of this warranty agreement,
indefinitely.
1930555007-W15S17R
Anyone requiring further information or assistance concerning this warranty policy may contact us at:
Warranty Service Department
Parker Davis HVAC International, Inc.
3250 NW 107th Ave, Doral, Florida 33172 –
USA
Tel: [phone]
Email: [e-mail]
Visit: https://www.pdhvac.com