Subject to the limitations and exclusions expressly set forth below, BLUON, INC. (“BLUON”) warrants solely to customers who, as of the date of the relevant installation of the Product described below, (i) hold a valid and current Section 608 Technician Certification issued by the Environmental Protection Agency, and (ii) are Bluon Accredited through Bluon’s mobile app (each a “Buyer”), that:
(a) the Product was manufactured in compliance with AHRI Standard 700; and
(b) for the relevant “Warranty Period” set forth below, the Product will be free from defects in material and workmanship, if (but only if) the Product was installed by a Buyer into an HVAC-R unit (as defined by a unique model #) that is under 20 tons and operating within OEM Specifications (as defined below), was installed in accordance with the specific retrofit instructions provided by BLUON via its mobile app relevant to that unique model #, and was installed in accordance with all relevant recommendations, guidelines and instructions (if any) of the manufacturer(s) of that unit, including any OEM Specifications (paragraphs (a) and (b) are, collectively, the “Warranties”). Any Product that is installed by an individual not meeting the requirements of a Buyer as expressly described above, or that is not installed as expressly described above, will be sold by BLUON solely on an “AS IS” basis.
As used in paragraph (b) above, the “Warranty Period” will be: (i) for any Product installed in a system with a NEWLY installed heating, ventilation, air conditioning or refrigeration compressor, the period of one (1) year following the date of that installation; or (ii) for any Product installed in an HVAC-R unit with an EXISTING, operational and previously operated (that is, not new) heating, ventilation, air conditioning or refrigeration compressor (each compressor referred to in clause (i) and (ii), a “Compressor”), the period of ninety (90) days following the date of that installation. Any Buyer claim that the Product has failed either or both of the Warranties, to be valid and enforceable against BLUON, must be in writing and delivered by that Buyer to BLUON in accordance with the warranty claim procedures described below PRIOR TO the expiration of the Warranty Period applicable to such Product. No Warranty Period will be extended or otherwise affected by reason of the provision by BLUON of any remedies to a Claimant as contemplated below.
Limited Remedies; Permitted Assignment
If a valid Warranty claim is asserted by the Buyer as contemplated above, then as BLUON’s sole liability and the Buyer’s sole and exclusive remedy for a failure of either or both of the Warranties:
(i) BLUON will either replace the Product failing to meet either Warranty with new Product (in the same amount) that conforms to the requirements of such Warranty, or refund to the Buyer the purchase price paid by it for the failing Product, in either case at BLUON’s sole option; and
(ii) if a component of a Compressor is found by BLUON to have been damaged directly and solely by a failure of the Product to meet the requirements of either Warranty, BLUON will reimburse the Buyer for the reasonable and customary costs to replace that Compressor (as determined by BLUON in its reasonable discretion).
No failure of any Product to meet a requirement of either Warranty will relieve Buyer of its obligation to pay for such Product; Buyer’s sole recourse for such a failure is as set forth in this Bluon Limited Warranty. The Warranties applicable to a particular Product and associated remedies may be assigned by Buyer to any person or entity who purchased that Product directly from Buyer, or who purchased directly from Buyer the relevant Compressor into the system in which that Product was installed; provided, that neither Warranty may be assigned to any other successor(s) to that Product or Compressor. Buyer will not, and will not cause or permit its employees or agents to, represent to any other person or entity (other than such a direct purchaser from Buyer) that either Warranty is or will be available for the benefit of any other person or entity. Buyer and any such permitted assignee are collectively referred to herein as the “Claimants”.
Warranty Claim Procedure
In order to submit a valid Warranty failure claim and to seek the associated remedies from BLUON, the Claimant must: (1) contact BLUON’s Customer Warranty Service department in order to obtain the Warranty Claim Form prescribed by BLUON; and (2) either submit the completed Warranty Claim Form (including reasonable details regarding the Product in question and the date of its installation by Buyer, the alleged failure of such Product and, if known, an estimate of the damage(s) caused to any Compressors (if any) from that alleged failure) by emailing it to [email protected], or fill out the Warranty Claim Form (including such reasonable details) available at bluon.com/warranty, in either case within the relevant Warranty Period and within 30 days of the date on which the Claimant discovered or reasonably should have discovered the relevant Product failure or resulting damage(s). Failure by the Claimant to meet that claim filing deadline will void the Warranties associated with that alleged failure. It is also the Claimant’s sole responsibility to provide reasonable evidence of the relevant Product failure and associated damage(s), and to provide BLUON and its designated representatives and contractors with reasonable access to the relevant Compressor(s) and any remaining Product on hand, in each case as necessary for BLUON’s claim investigation, which evidence and access will include, without limitation, some or all of the following as requested by BLUON: (a) maintenance records of equipment, (b) evidence of the OEM warranty denial or lack of coverage, (c) sample of the Product and damaged component(s) from the Compressor, (d) pictures of damage to semi-hermetic or open compressors, (e) hermetic compressor shipped to BLUON for evaluation, (f) sample of oil taken from compressor sump and/or system, (g) the refrigerant cylinder date code and/or cylinder number for the Product, (h) documentation of the date the Product was installed to include system readings at start-up or commissioning, (i) data from the equipment that can be used to determine whether the system was commissioned properly, which may include (but is not limited to) suction pressure, suction temperature, liquid or discharge pressure, liquid temperature, compressor amperage (of failed compressor, if applicable), system voltage, ambient temperature (dry bulb), return air dry bult temperature and humidity, and supply air dry bulb temperature and humidity, and (j) an itemized statement of the costs to be reimbursed. Claimant’s inability to provide an item listed above, that is requested by BLUON, will void the Warranties associated with that alleged failure. BLUON WILL NOTIFY THE CLAIMANT OF WHETHER THE COSTS OR EXPENSES SOUGHT IN CONNECTION WITH A WARRANTY CLAIM ARE AUTHORIZED FOR REIMBURSEMENT. BLUON WILL NOT REIMBURSE A CLAIMANT FOR ANY COST OR EXPENSE THAT IT HAS NOT AUTHORIZED FOR REIMBURSEMENT. If requested by BLUON in writing, Buyer agrees to cause all Product that is alleged to be defective to be shipped to BLUON’s designated destination, at BLUON’s sole expense.
Additional Limitations, Exclusions and Disclaimers
1. Notwithstanding anything to the contrary set forth elsewhere in this Bluon Limited Warranty, in the event the tonnage of the HVAC system with which the Product is to be used is equal to or greater than twenty (20) tons, then as an additional condition to the applicability and effectiveness of either Warranty with respect to that Product, Buyer must first obtain the prior written consent of BLUON, which may be withheld or denied in its sole and absolute discretion.
2. For Compressors (or components thereof) that continue to be covered by one or more manufacturer’s warranties or maintenance programs, the relevant Claimant must first seek coverage and recovery under such warranties or programs before seeking coverage and recovery from BLUON pursuant to a Warranty, and must present a written denial by said manufacturer(s) before any claim under this warranty will be honored.
3. The Warranties will become automatically void to the extent any Product has been (a) improperly stored or maintained (including, but not limited to, in a corrosive atmosphere), (b) used in violation of any BLUON’s installation or maintenance guidelines published in its mobile app and/or any applicable federal, state, or local statute, regulation or agency recommendation, (c) altered or commingled with any other substance(s), including without limitation any mixing of the Product with other refrigerants, or (d) used for any purpose other than retrofitting R-22 systems to the Product. In addition, the Warranties will become automatically void with respect to any Product (i) the container or packaging for which has been intentionally altered or defaced by any person or entity (other than BLUON or its employee or agent) to remove or obscure the serial number for such Product, or (ii) that is used in any HVAC-R systems that are operating outside of OEM Specifications or in which there are free chemicals. For purposes of this Bluon Limited Warranty, “OEM Specifications” means the technical and processing specifications of the original equipment manufacturer for the relevant HVAC-R unit and related equipment, including drawings, models, airflow within the CFM range listed in the OEM product data, documentation, data, product information, engineering standards, technical and test instructions and test programs, procedures or requirements, functional information and related data, data files, quality standards, design information, and technical manuals.
4. By way of example (but not of limitation), the limited remedies provided for above will under no circumstance become available to any Claimant if BLUON determines that the alleged damage to a Compressor (or component thereof) occurred as a result of normal wear and tear, liquid flood back, flooding or flooded starts (refrigerant or oil related), operation or maintenance of the Compressor in a manner that does not conform to industry standards.
5. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY PROVIDED FOR ABOVE, BLUON HEREBY DISCLAIMS AND EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OF ANY NATURE WHATSOEVER REGARDING, ASSOCIATED WITH OR ATTACHING TO ANY OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE REMEDIES EXPRESSLY PROVIDED FOR ABOVE, BLUON WILL HAVE NO LIABILITY TO BUYER OR ANY OTHER CLAIMANT, OR ANY PURCHASER FROM BUYER OR ANY OTHER CLAIMANT, OR THEIR RESPECTIVE SUCCESSORS, ASSIGNS OR ANY OTHER PERSON OR ENTITY CLAIMING BY, THROUGH OR UNDER ANY OF THEM, FOR DAMAGES OF ANY KIND OR DESCRIPTION ARISING OUT OF OR RESULTING FROM ANY FAILURE OF ANY PRODUCT TO MEET A WARRANTY PROVIDED FOR HEREIN, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR SIMILAR RELIEF, OR ANY LOST PROFITS. NO WARRANTY, EXPRESS, OR IMPLIED, IS EXTENDED TO ANY PERSON OTHER THAN A CLAIMANT. EXCEPT AS OTHERWISE EXPRESSLY CONTEMPLATED ABOVE, THE WARRANTIES ARE NOT ASSIGNABLE BY BUYER.
6. BLUON will not be liable to any Claimant for or on account of any damages resulting from any delay in performance under this Bluon Limited Warranty arising out of causes or circumstances beyond its reasonable control.
The Warranties provided for herein and the parties’ respective rights and obligations hereunder will be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to the conflicts of laws rules or principles of that state. The receipt by BLUON from Buyer of any purchase order form, sales confirmation, acceptance form, acknowledgement or any other proposal, terms or conditions will not have the effect of changing in any manner, amending or supplementing any of the terms or conditions set forth in this Bluon Limited Warranty. Notice of BLUON’s objection to any different or additional terms or conditions is hereby given. This Bluon Limited Warranty may not be amended or supplemented unless in a writing signed by BLUON. This Bluon Limited Warranty constitutes the entire agreement of BLUON with respect to the subject matter hereof, superseding any prior agreements, representations, warranties or other assurances of BLUON with respect to that subject matter.
1 “Bluon Accredited” refers to an HVAC-R technician who has successfully completed all requirements of the Bluon Accreditation Program offered through Bluon’s mobile app and has received Bluon’s Tier I accreditation for HVAC-R units less than 20 tons.