Enforceability of Warrants The Corporation covenants and agrees that it is duly authorized to create and issue the Warrants to be issued hereunder and that the Warrants, when issued and Authenticated as herein provided, will be valid and enforceable against the Corporation in accordance with the provisions hereof and the terms hereof and that, subject to the provisions of this Indenture, the Corporation will cause the Common Shares from time to time acquired upon exercise of Warrants issued under this Indenture to be duly issued and delivered in accordance with the terms of this Indenture.
Survival and Enforceability of this Arbitration Clause This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWEPTACO 11/2022 NON-OWNER OCCUPIED RESIDENCE WARRANTY MODELS: DHP, DCP Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below. To What Type Of Installations Does This Warranty Apply? This warranty applies to heating and air conditioning units installed in residences not occupied by the owner. Different warranties apply to units installed in owner-occupied residences and in commercial properties. What Units Does This Warranty Not Cover? This warranty does not apply to: • Units that are installed outside the United States, its territories, or Canada. • Units that are operated in incomplete structures. • Units that are installed in buildings other than residences not occupied by the owner, such as non-residential buildings or owner-occupied residences. What Problems Does This Warranty Cover? This warranty covers defects in materials and workmanship that appear under normal use and maintenance. Other Warranties THIS WARRANTY IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES, WHETHER BY DAIKIN OR ANY OF ITS AFFILIATES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. What Problems Does This Warranty Not Cover? Daikin is not responsible for: • Damage caused by transportation or handling (any such damage must be immediately reported to the delivering carrier). • Damage or repairs required as a consequence of faulty installation or application. • Damage as a result of floods, fires, winds, lightning, accidents, corrosive atmosphere, installation in an environment containing corrosive chemical agents, or other conditions beyond Daikin’s control. • Damage or failure due to corrosion resulting from installation in a corrosive coastal environment, except for specific parts (condenser coils) which have been treated with factory applied corrosion protection on specified factory treated models sold as “Seacoast” models. • Damage or the need for repairs arising from the use of components or accessories not compatible with this unit. • Normal maintenance as described in the installation and operating manual. • Parts or accessories not supplied or designated by the manufacturer. • Damage or the need for repairs resulting from any improper use, maintenance, operation, or servicing. • Damage or failure of the unit to start due to interruption in electrical service or inadequate electrical service. • Any damage, or the need for any repairs, caused by frozen or broken water pipes, water damage, moisture intrusion, mold or other biological growth. • Changes in the appearance of the unit that do not affect its performance. • Replacement of fuses and replacement or resetting of circuit breakers. • Damage or the need for repairs resulting from the use of unapproved refrigerant types or used or recycled refrigerant. • Freight charges. • Handling charges to make a unit reasonably accessible for normal service. When Does Warranty Coverage Begin? Warranty coverage begins on the “date of purchase”. If the date the unit was purchased cannot be verified, the date of purchase is three months after the manufacture date. The first four digits of the serial number (YYMM) on the unit indicate the manufacture date. For example, a serial number beginning with “2211” indicates the unit was manufactured in November 2022.
Enforceability and Severability The invalidity or enforceability of any term or provisions of this Agreement shall not, unless otherwise specified, affect the validity or enforceability of any other term or provision, which shall remain in full force and effect.
INVALIDITY OF CLAUSES The invalidity of any part, portion, article, paragraph, provision, or clause of this Agreement will not have the effect of invalidating any other part, portion, article, paragraph, provision, or clause thereof, and the remainder of this Agreement will be valid and enforced to the fullest extent permitted by law.
Validity of Agreement The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Unenforceability of Provisions If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.