|
KYSOR Parts - Aftermarket Warranty Policy
Express Limited Warranty for Installed Units and Replacement Parts Kysor Parts, a division of Bergstrom Climate Systems, LLC (“Kysor Parts”) warrants its HVAC replacement parts installed in on-highway vehicles against any manufacturer defects in material and / or workmanship for a period of one year from the date of original installation or 100,000 miles, whichever comes first.
Kysor Parts warrants its HVAC replacement parts installed in off-road vehicles against any defects in material and / or workmanship for a period of one year from date of original installation or 1,500 hours, whichever comes first.
In the event that a defect is discovered during the warranty period, Kysor Parts agrees that, at its option, it will repair, replace or credit the defective product, when returned, transportation prepaid to Kysor Parts. Any product repaired or replaced under this warranty will be warranted only for the remainder of the original product’s warranty period. The Kysor Parts warranty does not apply to normal maintenance items, consumable products or components such as, but not limited to belts, hoses, compressor shaft seals, gaskets, clutch and compressor bearings, valves, receiver dryers, chemicals, oils, bulbs and filters.
Quality Defects Prior to Installation If a Kysor Part is found with a quality defect prior to the in-service date, please contact your Kysor Parts customer service representative for an RGA authorization and instructions on returning the defected part.
Warranty Limitations The above warranty does not apply to any complete Kysor proprietary unit or component which, after shipment by Kysor:
- shall have been repaired or altered outside of Kysor’s factory in any way so as, in Kysor’s judgment, to adversely affect its operation;
- shall have been subject to misuse, negligence, accident or damage;
- shall have been installed contrary to recommended installation practice in any way or shall have been used in conjunction with other Kysor system components, so as, in Kysor’s judgment, to adversely affect its operation.
It is common for installers to use components from several different manufacturers. If these component substitutions result in the failure of Kysor Systems, Units or other Parts, the Kysor Part will not be covered. Alteration, substitution of components and/or parts, or improper installation shall make null or void any warranty, express or implied. The Kysor Parts warranty is the sole property of the original owner-user-consumer and is not transferable. A transfer of ownership shall terminate / void any remaining warranty.
Problems arising from improper installation are the responsibility of the installer and are not covered by the Kysor warranty.
Kysor reserves the right to make changes or improvements in design or product, without thereby obligating itself to install the same operation upon its products previously manufactured.
No representative of Kysor, except an authorized officer, not any Kysor distributor or dealer, has authority to change or extend the warranty in any manner whatsoever.
WARRANTY DISCLAIMER THE WARRANTIES PRINTED ABOVE ARE THE ONLY WARRANTIES APPLICABLE TO THE ORDER OR THE GOODS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
LIMITATION OF LIABILITY KYSOR PARTS SHALL NOT BE LIABLE, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION COSTS OF REMOVAL OR SHIPMENT, damage to vehicles, contents or product cargo, expenses for towing, rentals or expenses incurred from the failure of any unit or parts thereof to operate properly, labor, refrigerant or loss of profits involved in the replacement of a failed part, injury or damage to trucks, contents, or persons by reason of installation of any Kysor product or its mechanical failures or otherwise, including any tort liability for negligent design nor manufacture of this product. UNDER NO CIRCUMSTANCES SHALL KYSOR PARTS' LIABILITY OR BUYER'S REMEDY FOR DAMAGES AGAINST KYSOR PARTS EXCEED THE AMOUNT OF THE PURCHASE PRICE OF GOODS SOLD FOR WHICH OR RELATING TO WHICH CLAIM IS MADE. IN THE EVENT THAT KYSOR PARTS' WARRANTY, IF ANY, OR ANY OTHER OBLIGATION OF KYSOR PARTS APPLICABLE TO THE GOODS FAILS OF ITS ESSENTIAL PURPOSE, BUYER'S EXCLUSIVE REMEDY SHALL BE LIMITED TO RETURN OF OR CREDIT FOR SO MUCH OF THE PURCHASE PRICE AS IS APPLICABLE TO THE GOODS WHICH ARE NONCONFORMING OR DEFECTIVE, PROVIDED SUCH GOODS ARE RETURNED TO KYSOR PARTS. THE PRICE STATED FOR THE GOODS IS BASED UPON AND IN CONSIDERATION FOR LIMITING KYSOR PARTS' LIABILITY. NO ACTION ARISING OUT OF THE ORDER OR PERTAINING TO THE GOODS MAY BE BROUGHT BY BUYER MORE THAN FIFTEEN (15) MONTHS AFTER THE DATE OF SHIPMENT OF THE GOODS BY KYSOR PARTS TO BUYER. BUYER'S REMEDIES AS PROVIDED HEREIN ARE ITS SOLE AND EXCLUSIVE REMEDIES.
Limitation of Remedies Some states within the United States do not allow the disclaimer of implied warranties and if this is true in your state the above limitation may not apply to you. This warranty gives you specific rights, and you may have other rights that vary from state to state.
REQUEST FOR WARRANTY CONSIDERATION / CLAIM DISPOSITION Only the failed part(s) of an installed unit should be returned as a warrantable item.
- All failed parts to be returned to Bergstrom Warranty Claim Department for warranty consideration within forty-five (45) days of vehicle repair date.
- All parts are to be packed in such a way that the parts will not incur additional damage in shipping.
- All parts will be analyzed on a first in, first out basis.
- All parts returned to Bergstrom must be accompanied by a Warranty Claim Form that can be printed at the end of the claim submission. If this claim form is not included with the returned part(s), no credit will be issued and the item(s) will be returned.
- A separate claim number and Warranty Claim Form must be issues for each vehicle repaired.
- If parts are packaged together from multiple claims a return tag must be attached to individual parts identifying the claim number and part number.
- Package(s) must be clearly marked on the outside with the claim number.
- If a part has no identification, the part will be returned to the Customer at dealer’s freight cost with a rejection statement.
- All incoming freight must be paid for at the time of shipping and shipped UPS Ground. The shipping fees will be applied to credit for all approved claims.
- The warranty claim must include all the information to process the claim:
- Claim Number
- Installation Date
- Repair Date
- Mileage/Hours
- Description of failure and conditions
- Parts Requested
- Vehicle Identification Number (VIN), if applicable
- Vehicle Model Number, if applicable
- In special circumstances where it is agreed that it is not feasible to return failed parts to Bergstrom, i.e. claims filed from countries out of the United States, a Bergstrom representative will review the claim and photos of defect. Disposition will be established and the claim will be paid at a ratio of the approved part cost. This percentage will be reviewed yearly.
- All parts found to be non-defective after Bergstrom testing will be sent back to the Customer at their discretion with documentation attached showing the part(s) was/were tested and test results. The rejected part(s) will be returned freight collect.
- Bergstrom will respond to the customer within forty-five (45) days of part return with a Warranty Claim Disposition Report. If response is not forth coming within forty-five (45) day period, claim will be honored.
|
|