COMMERCIAL WARRANTY
Models: GM9S92, GC9S80, GM9S80, GMES92, GMES80, GCES80, GD9S80, GR9S80, GR9S92
THE REMEDIES DESCRIBED IN THIS SECTION ARE DAIKIN’S ONLY RESPONSIBILITIES, AND THE OWNER’S ONLY REMEDIES, FOR ANY BREACH OF ANY WARRANTY. What Won’t Daikin Do To Correct Problems? Daikin will not pay for: • Labor, freight, or any other cost associated with the service, repair, or operation of the unit, the deinstallation of any defective part or the installation of any replacement part. • Electricity or fuel costs, or increases in electricity or fuel costs, for any reason, including additional or unusual use of supplemental electric heat. • Lodging or transportation charges. WHETHER ANY CLAIM IS BASED ON NEGLIGENCE OR OTHER TORT, BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, OR ANY OTHER THEORY, NEITHER DAIKIN NOR ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE OF A UNIT, EXTRA UTILITY EXPENSES, OR DAMAGES TO PROPERTY. How Can The Owner Receive Warranty Service? If there is a problem with the unit, contact a licensed contractor. To receive a replacement part, a licensed contractor must bring the defective part to a Daikin heating and air conditioning products distributor. For more information about the warranty, write to Homeowner Support, 19001 Kermier Road, Waller, Texas 77484. Where Can Any Legal Remedies Be Pursued? ARBITRATION CLAUSE. IMPORTANT. PLEASE REVIEW THIS ARBITRATION CLAUSE. IT AFFECTS YOUR LEGAL RIGHTS. 1. Parties : This arbitration clause affects your rights against Daikin Comfort Technologies North America, Inc. and any of its subsidiaries, including but not limited to Daikin Comfort Technologies Manufacturing, L.P., and its or their employees or agents, successors, or assigns, all of whom together are referred to below as “we” or “us” for ease of reference.
2. ARBITRATION REQUIREMENT : EXCEPT AS STATED BELOW, ANY DISPUTE BETWEEN YOU AND ANY OF US SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION RATHER THAN IN COURT OR BY JURY TRIAL . “Dispute” will be given the broadest possible meaning allowable by law. It includes any dispute, claim, or controversy arising from or relating to your purchase of this heating or air conditioning unit, any warranty upon the unit, or the unit’s condition. It also includes determination of the scope or applicability of this Arbitration Clause. The arbitration requirement applies to claims in contract and tort, pursuant to statute, or otherwise. 3. CLASS-ARBITRATION WAIVER : ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION IN ANY FORM, INCLUDING ANY CLASS ARBITRATION, OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 4. Discovery and Other Rights : Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit. This applies to both you and us. Other rights that you or we would have in court may not be available in arbitration. Please read this Arbitration Clause and consult the rules of the arbitration organizations listed below for more information. 5. SMALL CLAIMS COURT OPTION : YOU MAY CHOOSE TO LITIGATE ANY DISPUTE BETWEEN YOU AND ANY OF US IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, IF THE DISPUTE MEETS ALL REQUIREMENTS TO BE HEARD IN SMALL CLAIMS COURT.
Part No. PWGFURNSUNTC 07/2023
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