Warranty
Definitions
(a) Coating is defined as the coating applied by Modine as per purchase order agreement completed at Modine Spray-Applied or Factory-Applied locations.
(b) Failure is defined as: (i) a heat exchanger coil refrigerant leak due to environmental corrosion that started from the outside and progressed to the inside creating the leak; (ii) corrosion decomposition or consumption of a heat exchanger coil that exceeds twenty-five percent (25%) of the coils face area under normal use and service.
(c) Cleaning is defined as the use of Modine approved coil cleaners and salt reducers per the Cleaning Procedures for Modine Coated Coils found at modinecoatings.com.
(d) Cleaning Schedule is defined as the required timeframe to perform routine heat exchanger coil cleanings as defined in the Modine Cleaning Selection Guide found below or at modinecoatings.com, (Minimum requirements are every six (6) months). Distance from ocean, environmental severity and visible corrosion at the site determines the required frequency and will be verified if required.
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(e) Performance Repair Aerosol® PRA® is defined as the only approved aerosol coating to be used for repairs of damaged areas on Modine coated heat exchanger coils, ElectroFin® E-coat Black or Insitu® PRA® aerosols.
(f) Cleaning Record is defined as the Modine Coated Equipment Maintenance Record used to document each Cleaning that is completed.
Limited Conditional Warranty
(a) Seller warrants that the Coating services sold to Buyer shall be free from defects of material or workmanship that could cause a corrosive Failure of the heat exchanger for the Warranty Term indicated per the below table. Warranty Term starts from the date of shipment for coils with Factory-Applied Coating for heat exchangers only.
| Coating System | Application Type | Warranty Term |
| EFIN® Pro Shield® 5 (Ecoat Only or Ecoat + Mastic Topcoat) | Modine Factory | 5 years |
| EFIN® Pro Shield® 7 (Ecoat + Insitu® Topcoat) | Modine Factory | 7 years |
| EFIN® Pro Shield® 10 (TCP + Ecoat + Insitu® Topcoat) | Modine Factory | 10 years |
Any maintenance, repair or cleaning services performed under this Warranty will not extend the Warranty beyond such stated Warranty Term. If Buyer notifies Seller within the Warranty Term of a defective Coating and provided that Buyer has complied with the notice, cleaning, record-keeping, and other requirements set forth in Sections (b) and (c) below, and the Seller agrees that such Coating is defective, Seller at its sole option may repair the defect, replace the defective Coating, or give to Buyer a refund as follows: (i) for Factory-Applied Coating, during the entire warranty period refunds will equal the original purchase price for the Factory-Applied Coating, and (ii) for Spray-Applied Coating, during the first two (2) years of the warranty period refunds will equal the original purchase price for the Spray-Applied Coating; after such two (2) year period, refunds will be granted at a prorated amount equal to the product of the following calculation: (number of months remaining in warranty / 60) multiplied by the original purchase price for the Spray-Applied Coating. Seller will not pay for the replacement of any coil. Seller reserves the right to inspect and field repair any coil by application of a corrosion resistant coating. No person (including any agent or salesperson) has authority to expand Seller’s obligation beyond the Warranty Terms set forth in this Section 11(a) (the “Warranty”), or to state that the performance of the Coating is other than that published by Seller.
(b) The Warranty extends only to the original purchaser of the Coating or the original end user / owner of the equipment and is non-transferable. Written notice via email of defective or damaged Coating, or of improper application of Coating, must be reported to Seller within thirty (30) days of discovery. In the event of a dispute regarding the cause of any coil irregularity or failure due to Coating, a failure analysis will be conducted by a laboratory of Seller’s choice, and the results of such analysis will be binding on Buyer and Seller.
(c) The Warranty is valid only if coils are registered at ModineCoatings.com within thirty (30) days of installation or start-up of equipment, are properly cleaned on a routine schedule as outlined in Modine Cleaning Selection Guide in accordance with the Cleaning Procedures for Modine Coated Coils provided by Seller to Buyer, which includes cleaning the coils with Modine approved cleaning products, and only if Buyer keeps complete and accurate documentation of its cleaning procedures, using the Cleaning Record provided by Seller to Buyer and if copies of each Cleaning Record are submitted to Modine within thirty (30) days after each Cleaning has been performed.
The Warranty will be automatically void if:
- Buyer fails to follow the required Cleaning Schedule per Cleaning Selection Guide based on site location and environmental impacts
- Buyer fails to maintain Cleaning Records which will include the name of the customer, the location of the coil, unit serial number, coil tag number, and the coil’s date of start-up or installation at a minimum
- Buyer fails to submit copies of Cleaning Record as outlined in Section (c)
- Buyer removes, destroys, or makes illegible the EFIN® product identification tag that is attached to the coil
- Buyer fails to apply Modine Performance Repair Aerosol® PRA® repair coating to areas that has received damages, or show coating damages, between scheduled cleanings
- Coating failure is from improper installation or manufacturing defects in the coil
- Coating failure is due to acts of God including, but not limited to, hurricanes, tornados, floods, earthquakes, hail, wind driven sand or severe weather or other natural phenomena, (including, but not limited to, unusual climate or environmental conditions)
- Coating failure is due to damage originating internally such as corrosive liquids or gases inside the system, formicary corrosion, the rupture of tubing or refrigerant leakage at solder joints
- Coating failure is due to accelerated corrosion caused by electrical currents including, but not limited to those occurring due to improper grounding of equipment
- Any damage to the Coating arises from vandalism, damage from improper cleaning methods, unauthorized chemicals or coil cleaners, harmful fumes, chemical solvents, masonry or stucco leach or dust, acid or caustic washes or water pressure >100 psi
(d) THIS CONDITIONAL LIMITED WARRANTY CONSTITUTES BUYER’S SOLE REMEDY. IT IS GIVEN IN LIEU OF ALL OTHER WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL EITHER SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER THE THEORY BE BREACH OF THIS OR ANY OTHER WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. In addition to the exclusions set forth above, the following costs are expressly excluded from the Seller’s obligations under this Warranty: labor or service costs, including cost for removing or installing parts; any shipping or handling charges; costs for ancillary damage to coils or equipment; costs for replacement coils; costs for refrigerant recovery; and costs for rental of temporary equipment.
