PLEASE READ DISPUTE RESOLUTION SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS
Failure to maintain equipment will void this Basic Limited Warranty.
Subject to the terms herein, this Basic Limited Warranty covers components within the following equipment (hereafter, referred to as the "Equipment"):
Equipment Type | Model Number |
---|---|
Gas Furnaces | ML180, ML180E, ML180V, ML193, ML193E, ML195, ML196E, ML296V |
Unit Heaters/Duct Heaters | LF24 and TUA (30,000 to 75,000 Btuh units) LF25 and LS25 (30,000 to 105,000 Btuh units) |
Electric Heat Sections | ECB25, ECBA25 |
Air Handlers | CBA25UH, CBA25UHE, CBA25UHV, CBX25UH, CBX25UHV |
Air Conditioners (single phase) | 13ACX, 14ACX, 16ACX, ML14XC1, ML17XC1, ML18XC2 |
Heat Pumps (single phase) | 13HPX, 14HPX, 16HPX, ML14XP1, ML16XP1, ML17XP1 |
A "Residential Application” is a single or multi-family dwelling, which includes homes, duplexes, apartments, and condominiums used primarily for personal, family, or household purposes. A "Non-Residential Application" refers to all premises that are not included in the definition of a Residential Application, including, but not limited to, all applications that are not primarily used for personal, family, or household purposes.
This Basic Limited Warranty only covers repair components contained within Equipment (“Covered Components”). It does NOT cover cabinets, cabinet pieces, unit accessories, driers, refrigerant, refrigerant line sets, belts, gaskets, wiring, fuses, oil nozzles, and consumable items or components that should be replaced as part of a regular maintenance program, such as lubricants and air filters.
NOTE: The installation of a replacement component under this Basic Limited Warranty does not extend the Warranty Period of the underlying Equipment in which such component is installed. Notwithstanding the foregoing, in the event the manufacturing defect arises within Equipment that by its nature replacement components are not offered but rather full replacement equipment is required (e.g., standalone indoor evaporator coil), replacement of such equipment will result in a new Warranty Period only for such new equipment.
For Equipment installed and used in a Residential Application, this Basic Limited Warranty begins on the date the Equipment is originally installed and ends as set forth below (the "Warranty Period"). If the date of original installation cannot be verified, the Warranty Period begins six (6) months after the date of manufacture, unless otherwise prohibited by law. Notwithstanding the above, when Equipment is installed in a newly constructed home, the Warranty Period begins on the closing date of purchase from the builder. Proof of closing may be required.
Covered Components (except for heat exchangers and compressors which are covered as outlined separately) are covered by this Basic Limited Warranty for a period of five (5) years from installation (existing homes) or closing date (new construction) when installed in a Residential Application.
Covered components (except for heat exchangers and compressors which are covered as outlined separately) are warranted by Lennox for a period of one (1) year when installed in a Non-Residential Application.
Notwithstanding the above, heat exchangers and compressors within the following Equipment are warranted by Lennox for the following periods:
Equipment Model Number | Warranty Period for Heat Exchanger Only |
---|---|
ML180, ML180E, ML180V, ML193, ML193E, ML195, ML196E, ML296V | Twenty (20) years - Residential Applications; Ten (10) years -- Non-Residential Applications |
LF24, LF25, LS25, TUA with Aluminized Heat Exchanger | Ten (10) years -- All applications |
LF24, LS25, TUA with Stainless Steel Heat Exchanger | Fifteen (15) years -- All applications |
Equipment Model Number | Warranty Period for Compressor Only |
---|---|
13ACX, 14ACX, 16ACX, ML14XC1, ML17XC1, ML18XC2, 13HPX, 14HPX, 16HPX, ML14XP1, ML16XP1, ML17XP1 | Five (5) years -- All Applications |
Subject to the terms and conditions herein, if, during the Warranty Period, a Covered Component in the Equipment fails solely because of a manufacturing defect, Lennox will provide a replacement component to the Owner through a Lennox dealer or other licensed HVAC contractor. The Owner will be responsible for all shipping, freight, and handling charges, as well as all fees and costs arising out of or relating to the warranty service, including, but not limited to, all trip charges, labor costs, and other costs involved in diagnostic calls or in removing, repairing, servicing, or replacing any component. For a period of 90 days after a warranty claim is filed under this Basic Limited Warranty, the Owner is responsible for surrendering the failed component(s) to Lennox upon request. Lennox' sole responsibility under this Basic Limited Warranty is to provide a replacement component as set forth above. In the event that any Covered Component is no longer available, Lennox will, at its option, provide a substitute component or allow the Owner to purchase equivalent Lennox equipment at a reduced price off the Lennox list price in effect on the date of the failure. Replacement equipment must be purchased through and installed by an independent Lennox dealer listed at www.lennox.com.
Both Lennox and the Owner of the Equipment are bound by this Basic Limited Warranty.
To make a warranty claim, the Owner must contact an independent Lennox dealer or a licensed HVAC contractor. An independent Lennox dealer may be located by accessing www.lennox.com, e-mailing Lennox at www.lennox.com/help/contact-us/warranty (click on "E-mail our Contact Center"), or by calling Lennox at 1-800-9-Lennox. You must contact the Lennox dealer or HVAC contractor pursuant to this paragraph prior to the Warranty Period's expiration in order for the claim to be eligible for coverage. All warranty claims must be submitted within forty-five (45) days of the applicable product failure date. The failure to submit a claim within such forty-five (45) day period will result in the denial of a claim. Lennox has no liability whatsoever in the event that the Owner's dealer or HVAC contractor fails to timely and/or properly file a claim hereunder.
When warranty coverage is requested, the Owner must provide, and the Lennox dealer or HVAC contractor must collect, the following:
NOTE - Proof of prior maintenance and purchase may also be required.
EXCEPT AS PROVIDED IN THIS BASIC LIMITED WARRANTY, LENNOX MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO ANYONE AS TO FITNESS FOR ANY PURPOSE, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE, OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. ALL IMPLIED WARRANTIES WHICH MAY EXIST, NOTWITHSTANDING THIS DISCLAIMER, ARE LIMITED TO THE DURATION OF THIS BASIC LIMITED WARRANTY AS APPLICABLE TO EACH COMPONENT. THIS BASIC LIMITED WARRANTY IS MADE IN LIEU OF ALL OTHER GUARANTEES, WARRANTIES, REPRESENTATIONS, CONDITIONS, OBLIGATIONS, OR LIABILITIES, EXPRESS OR IMPLIED. OWNER ACKNOWLEDGES AND AGREES THAT IN DECIDING TO PURCHASE THE EQUIPMENT COVERED BY THIS WARRANTY, IT HAS NOT RELIED ON ANY STATEMENTS OR REPRESENTATIONS THAT ARE NOT CONTAINED WITHIN THIS WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, LENNOX SHALL NOT BE LIABLE, EITHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS, DAMAGE, OR INJURY TO PERSONS, INCLUDING DEATH, PROPERTY, OR THINGS, OR FOR DAMAGES OF ANY KIND OR NATURE INCLUDING BUSINESS INTERRUPTION, INCONVENIENCE, OR LOSS OF ANTICIPATED PROFITS OR SAVINGS OCCASIONED BY, ARISING OUT OF, OR RELATING TO THE USE, MISUSE, NON-USE, REPAIR, REPLACEMENT, OR DELAY IN DELIVERY OF THE EQUIPMENT. LENNOX SHALL NOT BE LIABLE FOR THE COST OF ANY WORK DONE BY THE OWNER OR OTHERS TO THE EQUIPMENT.
This limitation of liability and disclaimer gives specific legal rights. Some jurisdictions do not allow the exclusion, waiver, or limitation of implied warranties or incidental or consequential damages. In such jurisdictions, the limitations or exclusions do not apply to the Owner. The Owner may also have other rights that may vary by jurisdiction.
The following limitations and exclusions apply to this Basic Limited Warranty:
This Basic Limited Warranty gives the Owner specific legal rights, as described herein, and the Owner may have other rights which vary by state.
NOTE - PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND THE RESOLUTION OF DISPUTES
Some jurisdictions do not allow mandatory arbitration provisions or class action waivers. In such jurisdictions, the following dispute resolution provisions do not apply. The Owner may have other rights that may vary by jurisdiction.
BY PURCHASING EQUIPMENT OR MAKING A CLAIM UNDER THIS BASIC LIMITED WARRANTY, THE OWNER IS AGREEING THAT ALL DISPUTES BETWEEN THE OWNER AND LENNOX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AS MORE FULLY OUTLINED BELOW.
Lennox Industries Inc.
ATTN: Consumer Affairs
P.O. Box 799900
Dallas, TX 75379-9900
Both the Owner and Lennox waive the right to a trial by jury and any right to have a Dispute heard in court. Instead, all Disputes must be resolved in arbitration by a neutral third-party arbitrator. In arbitration, Disputes are resolved by an arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. However, the arbitrator must follow the law and can award the same damages as in court, including monetary damages, injunctive relief, declaratory relief, and other relief. The arbitrator's award can be confirmed in any court of competent jurisdiction.
A single arbitrator, with the American Arbitration Association (“AAA”), will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of the Owner's residence or other mutually agreed location. For claims of $50,000 or less, the AAA's Supplementary Procedures for consumer-related Disputes will apply. For claims over $50,000, the AAA's Commercial Arbitration Rules will apply. If either set of rules is not available, the AAA rules applicable to consumer Disputes apply. The AAA's rules and a form initiating arbitration proceedings are available at www.adr.org or by calling 1-800-778-7879.
This arbitration provision is subject to the Federal Arbitration Act (“FAA”), which governs its interpretation and enforcement. To the extent the FAA does not apply to any Dispute, the laws of the State of Texas, without regard to principles of conflicts of law, will apply. The arbitrator will decide all issues of interpretation and application of this Dispute Resolution section, the arbitration provision, and this Basic Limited Warranty, with the exception of deciding whether the Arbitration Class Action Waiver in Paragraph 2a is valid or enforceable. Except as expressly stated in Paragraph 2a, a court will resolve any question regarding the validity or enforceability of Paragraph 2a. This Dispute Resolution section will survive termination of this Basic Limited Warranty. The requirement to arbitrate shall be broadly interpreted.
The Owner and Lennox agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party, or arbitrated on a consolidated, representative, or private attorney general basis. Unless the Owner and Lennox agree otherwise in writing, the arbitrator's authority to resolve and make awards is limited to Disputes between the Owner and Lennox. The arbitrator's award or decision will not affect issues or claims involved in any proceeding between Lennox and any person or entity who is not a party to the arbitration. The arbitrator may award monetary, declaratory, or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's award, if any, will not apply to any person or entity that is not a party to the arbitration.
A court, not the arbitrator, will decide any questions regarding the enforceability of this Paragraph 2a. If a court deems any portion of this Paragraph 2a invalid or unenforceable, the entire arbitration provision in Paragraph 2 (other than this sentence) will be null and void and not apply. For the avoidance of doubt, in no event shall an arbitration occur on a class action or collective basis.
The Owner and Lennox agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party, or arbitrated on a consolidated, representative, or private attorney general basis; provided, however, that the Owner shall be permitted to seek and obtain public injunctive relief in arbitration. Unless the Owner and Lennox agree otherwise in writing, the arbitrator's authority to resolve and make monetary damage awards is limited to Disputes between the Owner and Lennox. The arbitrator may award monetary relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's monetary award, if any, will not apply to any person or entity that is not a party to the arbitration. A court, not the arbitrator, will decide any questions or disputes regarding the enforceability of this Arbitration Class Action Waiver other than a dispute over whether this Arbitration Class Action Waiver is enforceable under McGill v. Citibank, N.A., 2 Cal 5th 945 (2017) and related case law (that question shall be determined by an arbitrator). If a court deems any portion of this Arbitration Class Action Waiver invalid or unenforceable, the entire arbitration provision (other than this sentence) will be null and void and not apply. If an arbitrator deciding the McGill issue finds that this Arbitration Class Action Waiver is unenforceable, then the entire arbitration provision (other than this sentence and the preceding sentence) shall be null and void. For the avoidance of doubt, in no event shall an arbitration occur on a class action or collective basis.
This arbitration agreement does not preclude the Owner from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Lennox on the Owner's behalf.
If the Owner's total damage claims in an arbitration are $25,000 or less, not including the Owner's attorney fees ("Small Arbitration Claim"), the arbitrator may, if the Owner prevails, award the Owner's reasonable attorney fees, expert fees, and costs (separate from Arbitration Costs as defined below), but may not grant Lennox its attorney fees, expert fees, or costs (separate from Arbitration Costs) unless the arbitrator determines that the Owner's claim was frivolous or brought in bad faith. In a Small Arbitration Claim case, Lennox will pay all arbitration filing, administrative, and arbitrator costs (together, "Arbitration Costs"). The Owner must submit any request for payment of Arbitration Costs to the AAA at the same time the Owner submits its Demand for Arbitration. However, if the Owner wants Lennox to advance the Arbitration Costs for a Small Arbitration Claim before filing, Lennox will do so at the Owner's written request which must be sent to Lennox at the address in paragraph 1. In a Small Arbitration Claim case, Lennox agrees that the Owner may choose to have the arbitration carried out based only on documents submitted to the arbitrator or by a telephonic hearing unless the arbitrator requires an in-person hearing. If the Owner's total damage claim in an arbitration exceeds $25,000, not including the Owner's attorney fees ("Large Arbitration Claim"), the arbitrator may award the prevailing party its reasonable attorneys' fees and costs, or it may apportion attorneys' fees and costs between the Owner and Lennox (such fees and costs being separate from Arbitration Costs). In a Large Arbitration Claim case, if the Owner is able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, Lennox will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
A "Mass Arbitration" shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Small Arbitration Claims and/or Large Arbitration Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Small Arbitration Claims and/or Large Arbitration Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Small Arbitration Claim and/or Large Arbitration Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Small Arbitration Claim and/ or Large Arbitration Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in subpart (c) above, Lennox shall (i) not be required to advance or pay Arbitration Costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that the Owner's claim was frivolous or in bad faith). The immediately preceding sentence shall apply only to only those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Small Arbitration Claims within a thirty-day period, the first 29 Small Arbitration Claims shall be governed by subpart 2(c) and the last six Small Arbitration Claims (i.e., arbitration numbers 30 through 35) shall be governed by this subpart 2(d). Once a law firm or lawyer is deemed part of a Mass Arbitration, all Small Arbitration Claims and Large Arbitration claims he/she/it files, assists in filing, or causes to be filed shall be governed by this subpart (d) unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Small Arbitration Claims or Large Arbitration Claims for a period of one year.
BOTH AN ORIGINAL AND SUBSEQUENT OWNER MAY OPT OUT OF ARBITRATION PROVIDING WRITTEN NOTICE ("THE OPT-OUT NOTICE") TO LENNOX that is post-marked no later than 30 calendar days after the Owner's purchase of the equipment (in the case of the original owner) or purchase of the premises at which the equipment was originally installed (in the case of a subsequent owner). The Opt-Out Notice must be mailed to Lennox at:
Lennox Industries Inc.
ATTN: Consumer Affairs
P.O. Box 799900
Dallas, TX 75379-9900
The Opt-Out Notice must state (i) the Owner's name and address, and that the Owner opts out of arbitration, (ii) the date that the Owner purchased the equipment (if the original owner) or the premises where the equipment was originally installed (in the case of a subsequent owner), (iii) the equipment's model name and number, (iv) the equipment serial number (which can be found on the unit nameplate), and (v) that the Owner elects to opt out of arbitration. The Owner must sign the Opt-Out Notice personally and not through another person or entity, and the Opt-Out Notice will apply only to the person or entity that signs it. Neither the Owner nor any other person or entity can opt out of arbitration on behalf of anyone else. Providing a timely Opt-Out Notice is the only way to opt out of arbitration. Opting out of arbitration will not affect this Basic Limited Warranty, and the Owner will continue to enjoy the benefits of this Basic Limited Warranty if the Owner opts out of arbitration. Any Opt-Out Notice received after the opt out deadline will not be valid.
In addition to the terms defined above, the following definitions will apply to this Basic Limited Warranty:
NOTE TO CUSTOMER
Please complete information below and retain this warranty for records and future reference. As well, retain proof of commissioning documentation from the installer.
Unit Model Number: ___________________________________
Serial Number: _______________________________________
Installing Contractor: __________________________________
Installation Date: ____________ Phone:___________________
P.O. Box 799900, Dallas, TX 75379-9900
©2023 Lennox Industries Inc. FORM W900000-01 9/1/2023 Supersedes W900000-01 8/1/2023
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