Operating instructions
15
WARRANTY
YAZAKI LIMITED EXPRESS WARRANTY
1. Scope of Coverage. The Limited Express Warranty of Yazaki Energy Systems, Inc ( Company ) applies to the initial retail
purchaser and assigns ( Customer ) of Yazaki water fired chillers and chiller-heaters ( Product ) installed in the U.S.A., Canada
and Mexico.
2. General Express W
arranties.
(a) The Company warrants to the Customer, that the Product shall be free from defects in materials and workmanship
within a period of one (1) year ( Original Warranty Period ) from the time when the Product is initially placed in
operation ( Start-Up Date ), or two (2) years from the date of manufacture, whichever expires first, and subject to the
disclaimers and limitations of this Limited Express Warranty.
(b) For liability under this Limited Express Warranty, the Customer must arrange at its own cost for annual and
seasonal routine maintenance of the Product, prior to cooling operation and prior to heating operating of the Product,
by a Service Provider authorized by the Company, in accordance with the Yazaki Operating and Maintenance
Instructions.
3. Disclaimer and Limitation of Express W
arranties. There are no express warranties other than those contained in this Limited
Express Warranty.
4. W
arranty Registration Card. Every new Product is accompanied by a Warranty Registration Card which must be completed,
signed by an authorized representative of the Customer, and returned to the Company. This Limited Express Warranty shall not
apply unless the Warranty Registration Card is fully completed and returned to the Company within thirty (30) days of the
Start-Up date of the Product.
5. W
arranty Service. All routine maintenance, parts replacement and vacuum section repairs of the Product during the Original
Warranty Period must be performed by a Service Provider authorized by the Company.
6. Remedy During Original Warranty Period. The Company shall, at its sole discretion, repair or replace the covered Product
or parts thereof which the Company shall determine upon examination to be defective or not in conformity with the Original
Warranty contained herein ( Defective Part ), subject to the terms hereof. The Company shall supply by standard ground
transportation all parts required to repair or replace any Defective Part and shall pay to the Service Provider the necessary labor
charges as fixed in the Company’s warranty service payment schedule in effect from time to time ( Fixed Labor Charges ). The
Customer shall be solely responsible for all labor costs or charges in excess of the Fixed Labor Charges.
7. Limitation of W
arranty and Limitation of Remedy. Customer’s remedies shall be limited (even in the event of the Company’s
default of its warranty obligations or the failure of the essential purposes of this Warranty) exclusively to those provided in
Section 6. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. If the limitation of liability fails the essential purpose, the Company’s liability shall be expanded to the minimum
extent to avoid failure of the essential purpose. Customer waives any cause of action or theory of liability including, but not lim-
ited to, those arising under contract, tort, strict liability, product liability, statutes, or otherwise except as specifically provided by
the Uniform Commercial Code as modified and limited herein. The warranty periods of all replacement parts and Products shall
be deemed to commence on the Start-Up Date of the original component or Product, not the installation date of the
replacement part or Product, and the Company’s warranty obligation hereunder shall not be extended because of such
replacement.
8. Disclaimer of Implied W
arranties.
The Company DISCLAIMS ALL IMPLIED WARRANTIES (OTHER THAN GOOD TITLE)
INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND
NON-INFRINGEMENT. There are no warranties which extend beyond those express warranties contained in this Limited
Express Warranty. Customer affirms that it has not relied upon the Company’s skill nor judgement to select or furnish Product
for any particular purpose. The Company does not warrant that the Product complies with the requirements of any safety or
environmental code or regulation of any federal, state, municipality or other jurisdiction beyond the specific express warranties
in this Limited Express Warranty.
9. Specific Exclusions.
In addition to all other exclusions contained in this Limited Express Warranty, the Company’s warranty
shall also not apply under the following circumstances:
(a) Damage to the Product caused by an unauthorized Service Provider;
(b) Defect in any part which is not supplied by the Company;
(c) Installation or operation of the Product in any way not described in the applicable Yazaki Installation and Operating
Instructions;
(d) Applications for process cooling (except single-effect absorption chillers);
(e) Failure to provide routine maintenance of the Product by a Company authorized Service Provider in accordance with
the applicable Yazaki Operating and Maintenance Instructions;
(f) Failure to maintain the quality, flow and supply temperature of cooling water in accordance with Yazaki standards and
limitations;
(g) Damage caused to the Product from freezing, overpressure and corrosion in any water circuit;
(h) Misuse, abuse, negligence, accident, natural disaster, alteration, misapplication or experimental use of the Product;
(i) Normal fading and minor deterioration of the cabinet surface caused by exposure to the elements;
(j) Removal of the Product from its original installation site unless the relocation is approved in writing by the Company
and performed by a Company authorized Service Provider;
(k) Materials, such as inhibitor and batteries (if required), that are consumed during normal operation of the Product;
(l) Damage to other products outside the Product, not supplied by the Company, caused by use of materials that are not
compatible with the operating temperatures of the Product, regardless of the absence of specific instructions in Yazaki
Installation and Operating Instructions.