Limited Product Warranty

Archer Power Solutions, Inc. (“APS”) expressly warrants to the original purchaser that, for a period of one (1) year from the date of sale the Kingfisher Marine Air Conditioner (the “Product”) will be reasonably free of defects in materials and workmanship and that when properly handled, will conform, within accepted tolerance, to applicable manufacturing specifications. This Limited Product Warranty (Limited Warranty) only applies to APS’s Products which are used, stored, handled, and installed in the manner recommended by APS.

APS will, at its option, repair or replace Product without charge, or refund the cost of the Product, if the Product fails or does not perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in this Limited Warranty. Repair or replacement during this one (1) year warranty shall include reasonable labor charges necessary to repair or replace the defective product, but shall not include the costs associated with removal, repair or replacement of fixtures, hardware or decorative treatments, including, but not limited to floor, wall, or ceiling treatments. During the entire one (1) year warranty, APS’s obligation as to repair or replacement shall further be limited to repair or replacement with the models of the Product that are available at the time of the repair or replacement, and shall be limited to the repair or replacement of only the specific Product that fails due to a manufacturing defect. Any repaired or replaced product shall also remain subject to the original one (1) year warranty from the date of the original purchase from APS, and any repair or replacement shall not extend the original warranty period in any manner or start a new warranty period.

Disclaimer of Warranties

APS’s Products must be stored, handled, installed, used and maintained in accordance with instructions provided by APS, and this Limited Warranty is conditioned upon compliance with all such instructions. Copies of the APS’s Installation and Operations Manual are available on APS’s website.

This Limited Warranty does not cover defects caused by:

1. non-compliance with APS’s Installation and Operations Manual;
2. improper storage, installation, handling, use and/or fabrication of the Product;
3. damage not resulting from manufacturing defects that occur while the Product is in the customer’s possession;
4. unreasonable or unintended use of Product; and/or
5. minor conditions such as stains or scratches.

This Limited Warranty shall further not apply to:

1. failures resulting from abuse, misuse, accident, fire, or submergence.
2. any part manufactured by APS, which shall have been altered so as to impair its original characteristics.
3. any parts that fail as a result of misuse, improper application, or improper installation.
4. items not manufactured by APS (i.e., items that are purchased from another manufacturer and supplied as received by APS, without alteration or modification, except as any part of an APS-manufactured unit or component).
5. components or parts used by, or applied by the purchaser, as an integral part of products not manufactured by APS.
6. labor resulting from difficult access to an APS product. The original installer or Original Equipment Manufacturer (OEM) is responsible for accessibility of unit.
7. freight damage.
8. pumps that have been run dry, are water damaged.
9. pumps with cracked heads.
10. pump seals that are not covered.
11. liquid line filter dryers are not covered.
12. blowers with water damage.
13. logic boards with water damage.
14. display heads with water damage.
15. dirty condensers and/or evaporators.
16. failures due to improper winterization.
17. unit damage as a result of improper return packaging.
18. replacement of refrigerant with substitute.
19. environmental and/or recovery fees.
20. welding and nitrogen fees.
21. travel costs (included in the hourly labor allowances and should not be billed as a separate item without preapproval from the factory).

Installation and application of APS components is not warranted by APS because APS has no control or authority over the selection, location, application, or installation of these components.

Any information or suggestion by APS with respect to the Products concerning applications, specifications or compliance with codes and standards is provided solely for your convenient reference and are made without any representation as to accuracy or suitability. You must verify and test the suitability of any information with respect to the Products for your specific application.

THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY APS IN CONNECTION WITH THESE PRODUCTS. APS CANNOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS SOLD BY APS ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY APS IN WRITING. OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, APS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. APS’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS, OR AT THE OPTION OF APS, RETURN OF THE PRODUCT AND A REFUND OF THE PURCHASE PRICE. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES.

Limitation of Liability

No claim by the buyer/owner of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Products in respect to which damages are claimed. IN NO EVENT SHALL APS BE LIABLE TO BUYER/OWNER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF BUYER TO ANY THIRD PARTY WITH RESPECT THERETO.

Warranty Service

You may obtain coverage under this Limited Warranty by providing APS with proof of original purchase. For service under this Limited Warranty, you must notify the APS in writing, providing your name, address, a description of the product involved, and the nature of the defect. A return authorization number (RAN) must be obtained from APS before you return any Product for repair.

Only after you obtain a RAN, may you send the Product back to APS to have the repair work done. If the failure or defect of the Product is covered under this Limited Warranty, APS will pay shipping both ways and APS will make every effort to return the equipment to the customer within three weeks after receiving the Product.