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MANUFACTURER’S LIMITED WARRANTY
WARRANTOR. This Limited Warranty is offered by Dragon Trade International Corp, 1205 Highland Avenue, National City, California 91950, (“Manufacturer”) on the Products described below.
PRODUCT. This Limited Warranty collectively applies to the following products: residential air conditioners and commercial air conditioners (“Product”).
WHO MAY USE THIS WARRANTY. This Limited Warranty is intended only for the benefit of original consumer purchasers who purchase products from an authorized retailer or installer of the product in the United States on or after September 1, 2023, (“Consumer”).
WARRANTY COVERAGE. Subject to the “Warranty Conditions, Limitations, and Exclusions” set forth below, the Manufacturer expressly warrants the Product as follows.
4.01 The manufacturer warrants the Product to be free from defects in material and workmanship as follows: for a period of ten (10) years on all parts, including the Compressor, and one (1) year on the remote controller from the date of delivery to the Consumer, (“Warranty Period”). The date of delivery to the Consumer shall be the date earlier than the date the Product is delivered to the Consumer’s installation contractor or the place of installation.
4.02 Manufacturer, in its sole discretion, will repair or replace, free of charge, the Product or component part thereof, which proves to be defective in materials or workmanship during the Warranty Period. Any replacement parts provided will be of equal or greater quality than the replaced part.
4.03 All Warranty services or repairs must be performed per the provisions of the “How to Obtain Warranty Service” section set forth below.
4.04 This Limited Warranty does NOT include labor or any other costs incurred for service, maintenance, repair, removal, replacement, installation, or compliance with local building and electrical codes; nor does it include shipping, handling, delivery, or transportation cost of the Product or any replacement parts thereof.
WARRANTY CONDITIONS, LIMITATIONS, AND EXCLUSIONS. This Limited Warranty is subject to the following conditions, limitations, and exclusions:
5.01 This Limited Warranty only applies to Products purchased after September 1, 2023.
5.02 This Limited Warranty only applies to Products purchased by original consumer purchasers who, purchase the Product from an authorized retailer or installer of the Product, and install the Product, in the United States; it does not apply to Products received through promotions, contests, giveaways, or sponsorship events.
5.03 This Limited Warranty is non-transferable and does not apply to commercial purchasers, uses, or applications.
5.04 This Limited Warranty only applies to Products installed by appropriately and validly licensed contractors in accordance with (a) all applicable codes, laws, rules, regulations, and requirements, including without limitation all applicable building permits; and (b) all manufacturer installation instructions and best industry practices; and after proper handling and best transport practices from date of purchase.
5.05 This Limited Warranty does not apply to damage resulting from or repaired by: (a) improper installation or operator error; (b) installation by non or inappropriately licensed persons firms or entities; (c) misuse, abuse, accident, or unauthorized alteration; (d) natural disaster, weather, or acts of nature; (e) animals, vermin or pests; (f) power failures, including brownouts or surges; (g) frozen or broken pipes; (h) inadequate ventilation or corrosive environments at or around the installation site; (i) inadequate maintenance, including maintenance not performed in accordance with the Product operating manual or recognized best practices; (j) ordinary wear and tear; or (k) any other conditions or acts beyond the control of Manufacturer, (l) spare parts, damaged during maintenance and repairs.
5.06 EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY, OR AS REQUIRED BY LAW, THE MANUFACTURER MAKES NO OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCT AND HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REMEDIES NOT EXPRESSLY PROVIDED HEREIN OR REQUIRED BY LAW, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES. NO ONE IS AUTHORIZED TO CHANGE THIS LIMITED WARRANTY IN ANY RESPECT OR CREATE ANY OTHER OBLIGATION OR LIABILITY FOR THE MANUFACTURER IN CONNECTION WITH THE PRODUCT OR ANY UNITED APPLIANCES EQUIPMENT.
5.07 UNDER NO CIRCUMSTANCES SHALL THE MANUFACTURER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF THIRD PARTY RIGHTS, LOSS OF GOODWILL, LOSS OF REVENUE OR PROFITS, WORK INTERRUPTION, SYSTEM FAILURE, DETERIORATION OF OTHER PROPERTY, COSTS OF PRODUCT REMOVAL AND REINSTALLATION, INCREASE IN THE USE OF ENERGY, LOSS OF USE, INJURY TO PERSONS OR PROPERTY ARISING OUT OF OR RELATED TO THE PRODUCT, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MANUFACTURER’S LIABILITY EXCEED THE ACTUAL PURCHASE PRICE OF THE SYSTEM WITH RESPECT TO WHICH ANY CLAIM IS MADE.
5.08 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF DAMAGES, INCLUDING INIENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
5.09 This Limited Warranty does not apply to (a) service calls when no covered Product defect is identified; or (b) to explain the use and operation of the Product to the Consumer.
5.10 it is important to keep the product installed even if it has a failure or problem, do not remove the product because this could cause damage and void this warranty. during the diagnosis, it is necessary to perform tests to determine the cause of the problem.
Product Registration
It is recommended that the Consumer complete the Product Registration Card included in the original Product packaging and return it to the Manufacturer or register the Product on the manufacturer’s website. Doing so will facilitate a Warranty Claim (defined hereinbelow); however, the Consumer is not required to complete and return the Product Warranty Card for his Limited Warranty to be effective.
HOW TO OBTAIN WARRANTY SERVICE
During the Warranty Period, contact the Manufacturer by email at customerservices@unitedappliances.com, or telephone at 800-691-2050, or by United States mail at 1205 Highland Avenue, National City, California 91950, to notify the Manufacturer of a claim under this Limited Warranty, (“Warranty Claim”).
7.02 As part of the Warranty Claim, the Consumer will be required to present the original purchase invoice for the Product and completed Product registration, which shall include the name and CSLB license number of the certified installer, as well as any other reasonable documentation reflecting the date of purchase and/or date of delivery of the Product to the Consumer.
7.03 Within thirty (30) days from the date the Warranty Claim is received by the Manufacturer, an authorized service technician will visit the Consumer’s residence to inspect the Product and determine whether the Warranty Claim is covered under this Limited Warranty.
7.04 If the Warranty Claim is covered, the Manufacturer, in its sole discretion, will repair or replace, the Product or any covered component part thereof, at no cost to the Consumer.
7.05 Remember to keep the product installed, during the diagnosis it is necessary to perform tests and determine the cause of the problem.
DISPUTE RESOLUTION
8.01 Agreement for Binding Arbitration. Arbitration under this Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Agreement applies to the Consumer and Manufacturer, and their respective heirs, assigns, spouses, family members, affiliates, officers, directors, attorneys, insurers, shareholders, successors, subsidiaries, and/or parent companies, and survives the termination of the Warranty Period. SUBJECT TO CONSUMER’S RIGHT TO BRING ANY CLAIM AGAINST MANUFACTURER IN A SMALL CLAIMS COURT OF COMPETENT JURISDICTION CONSUMER AND MANUFACTURER AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF THIS AGREEMENT OR THE USE OF THE PRODUCT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, ("DISPUTE"), AT THE OPTION OF EITHER PARTY, BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS") UNDER ITS APPLICABLE ARBITRATION RULES IN EFFECT AT THE TIME THE DISPUTE ARISES. DISPUTES SHALL NOT BE RESOLVED BY COURT OR JURY TRIAL, AND CONSUMER IS WAIVING ANY RIGHT TO A COURT OR JURY TRIAL. The JAMS Policy on Consumer Arbitration and Minimum Standards of Procedural Fairness in effect at the time the Dispute arises are deemed incorporated by reference herein and shall govern the Arbitration.
The JAMS Rules and may be found at www.jamsadr.com, by searching for "JAMS Arbitration Rules" using a service such as www.Google.com or www.Yahoo.com, or by asking Manufacturer for a copy of the rules. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for the appointment of a neutral Arbitrator.
Unless the Parties otherwise agree in writing, the Arbitration hearing shall be held within forty-five miles of where CONSUMER resides. Manufacturer shall pay all costs and expenses unique to arbitration, including without limitation the arbitrator’s fees. The Parties shall be entitled to discovery as provided by the Federal Rules of Civil Procedure. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court of competent authority.
Either Consumer or Manufacturer may apply to a court of competent authority for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.
8.02 Class, Collective, and Representative Action Waiver. This Agreement affects your ability to participate in class, collective, or representative actions. Consumer and Manufacturer agree to bring any Dispute in Arbitration on an individual basis only, and not on a class, collective, or private attorney general representative basis. There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, or as a member in any purported class, collective, representative, or private attorney general proceeding ("Class Action Waiver"). Notwithstanding any other provision of this Agreement or the JAMS Rules, disputes regarding the validity, enforceability, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative, or private attorney general action and (2) a civil court of competent jurisdiction finds all or part of the Class Action Waiver unenforceable, the class, collective, representative, and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
8.03 Commencing the Arbitration. All claims in arbitration are subject to the same statutes of limitations that would apply in court under applicable law. The Party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first-class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration shall be provided to the Provider’s registered agent for service of process. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
8.04 Enforcement of this Agreement. This Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Agreement and shall supersede all other agreements concerning arbitration. In the event any part of this Agreement is held unenforceable, the rest of this Agreement will be enforceable. If the Class Action Waiver in Section 2 of this Agreement is unenforceable, the Manufacturer and Consumer agree that this Agreement is otherwise silent as to any Party’s ability to bring a class, collective, or representative action in arbitration.
GENERAL PROVISIONS
9.01 Governing Law. This Limited Warranty and any Warranty Claim hereunder shall be governed by the laws of the State of California, unless the Consumer lives in and the Product was installed in a residence located in a different state, in which case the laws of the state of installation shall apply.
9.02 Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto pertaining to the subject matter hereof, and all prior or contemporaneous agreements, representations, or understandings by and between the Parties, whether written or oral, are superseded and merged herein.
9.03 Modification; Waiver. No supplement, amendment, or modification of this Limited Warranty shall be valid or binding unless in writing and executed by an authorized officer of the Manufacturer. The manufacturer shall not be deemed to have waived any provision in this Agreement unless specifically agreed to in writing and signed by an authorized officer of the Manufacturer. No waiver of any provision of this Limited Warranty shall be deemed to constitute a continuing waiver of that provision, nor shall it be deemed to constitute a waiver of any other provision.
9.04 Severability. Should any provision of this Agreement be declared by any court of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby and said illegal and/or invalid part, term, or provision shall be deemed not to be a part of the Agreement.
10. NOTICE TO CONSUMER
This Limited Warranty gives you specific legal rights. You may have other rights which vary from state to state.