Warranty Policy United Appliances USA

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MANUFACTURER’S LIMITED WARRANTY

1.0 WARRANTOR. This Limited Warranty is offered by Dragon Trade International Corp,
1205 Highland Avenue, National City, California 91950, (“Manufacturer”) on the Products
described below.

2.0 PRODUCT. This Limited Warranty applies to the following products, residential and
commercial air conditioner units manufactured by Manufacturer, collectively (“Product”).

3.0 WHO MAY USE THIS WARRANTY. This Limited Warranty is intended only for the benefit
original purchasers who purchase product from an authorized retailer or installer of the product in
the United States on or after September 1, 2023, (“Consumer”).

4.0 WARRANTY COVERAGE. Subject to the “Warranty Conditions, Limitations, and


Exclusions” set forth hereinbelow, Manufacturer expressly warrants the Product as follows:

4.01 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”). Date of delivery to Consumer shall be the date earlier of 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 by will be of equal or greater quality than the
replaced part.

4.03 All Warranty service or repairs must be performed in accordance with the provisions
of the “How to Obtain Warranty Service” section set forth hereinbelow.

4.04 This Limited Warranty does NOT include labor, or any other costs incurred for
service, maintenance, repair, removal, replacement, installation, 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.

5.0 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 transferrable if, and only if, the Products is purchased
through, and registered with, an authorized a dealer.

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, 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 MANUFACTURER IN CONNECTION WITH THE
PRODUCT OR ANY UNITED APPLIANCES EQUIPMENT.

5.07 UNDER NO CIRCUMSTANCES SHALL 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
MANUFACTUER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO
EVENT SHALL 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 In the event of a Product failure, the Product should be de-energized, but otherwise
should remain as-is, where-is until inspected by an authorized technician, unless there is a
life/safety threat or the likelihood of resultant physical damage to other property, in which case all
appropriate safety precautions should be taken by qualified persons. Absent a life/safety threat or
the likelihood of resultant physical damage to other property, the failure to maintain the Product as-
is, where-is as provided herein, voids the Warranty.

6.0 Product Registration

It is recommended that Consumer complete the Product Registration Card included in the
original Product packaging and return it to Manufacturer or register on 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.

7.0 HOW TO OBTAIN WARRANTY SERVICE

7.01 During the Warranty Period, contact the Manufacturer by email at


customerservices@unitedappliances.com, or telephone at 800-691-2050, or United States mail at
1205 Highland Avenue, National City, California 91950, to notify Manufacturer of a claim under this
Limited Warranty, (“Warranty Claim”).

7.02 As part of the Warranty Claim, 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 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 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, Manufacturer, subject to the labor and shipping
limitations above, will, in its sole discretion, will repair or replace, the Product or any covered
component part thereof, at no cost to the Consumer.

7.05 Consumer will be invoiced for all shipping and labor costs incurred in connection with
the repair or replacement of the Product or any component part provided herein and shall pay such
invoice upon receipt.

8.0 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 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 appointment of a neutral Arbitrator.

The Arbitration hearing shall, unless the Parties otherwise agree in writing, 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 statues
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 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, 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.

9.0 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
Manufacturer. Manufacturer shall not be deemed to have waived any provision in this Agreement,
unless specifically agreed to in writing and signed authorized officer of 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.

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