Last updated April 15, 2019
Subject to the terms, conditions, and exclusions herein, Cool-N-Save, Inc. (“Company,” “we,” “us,” or “our”) warrants to the original purchaser for one (1) year from the date of purchase that the Cool-N-Save Air Conditioner Mister (the “Product”) is free from defects in materials and workmanship under normal use and service. “Normal use and service” means installation, use and service in accordance with the Installation and Maintenance Guide. This Limited Warranty does not apply to the water treatment cartridge included with the Product.
This Limited Warranty will be rendered void and unenforceable by any of the following:
- Installation, use or service not in accordance with the Installation and Maintenance Guide, including, without limitation, failure to replace the water treatment cartridge every three months of use, use of any water treatment cartridge other than the patented “Cool Release” water treatment cartridge sold only at www.coolnsave.com, or failure to disconnect, drain, and store the Product indoors during periods of freezing temperatures. Failure to replace the “Cool Release” water treatment cartridge every three months will void this Limited Warranty and place all liability, including liability for equipment damage, solely on the purchaser.
- Use of the Product with well water, regardless of whether the well water is filtered, purified, or otherwise treated.
- Use of the Product in any of the following areas, or any other area with high mineral-content water: Arizona, Southern and Central Nevada, High Desert, Palm Springs, California and surrounding areas, and any area with TDS levels not in accordance with CNS guidelines.
- Repair or alteration of the Product or any of its parts that changes the Product’s original configuration or specifications.
There are no other express warranties. There are no implied warranties, including implied warranties of merchantability or fitness for a particular purpose. To the extent any implied warranties are deemed by a competent tribunal to exist, any such warranties are limited in duration to one (1) year from the date of purchase by the original purchaser, except in states that do not allow time limitations on implied warranties.
No person, including any dealer or representative of the Company, is authorized to make any representation or warranty concerning the Product that is inconsistent with this Limited Warranty.
Any purchaser making a claim under this Limited Warranty must return, at the purchaser’s expense, the original product or part to the Company within the warranty period.
The Company’s liability under this Limited Warranty is limited to repair or replacement, at the Company’s OPTION, of the Product or part without charge for labor or materials.
IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE TO A PURCHASER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES – INCLUDING DAMAGE TO AIR CONDITIONER OR OTHER PROPERTY, LOST PROFIT, OR LOST REVENUE – ARISING FROM USE OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY FOR ANY CLAIM OR CAUSE OF ACTION, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER TO THE COMPANY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The invalidity or unenforceability of any provision in this Limited Warranty will not affect the validity or enforceability of any other provision.
Any claim or controversy arising out of or relating to this Limited Warranty, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one or more neutral arbitrators, each of whom shall be a practicing attorney or retired judge. The place of arbitration shall be Denver, Colorado. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.