| |
COMMERCIAL COOLING warrants to the original purchaser and installed at the original location that the walk-in polyurethane wall and ceiling panels manufactured by the company are free of defects in materials or workmanship, under conditions of proper installation by a licensed refrigeration contractor and normal use and service, for a period of seven years from the date of shipment. Insulated floors and doors are warranted to be free from defects under normal use and service for one year from date of shipment. Inspection may be accepted by photograph or approved by a COMMERCIAL COOLING authorized inspector. COMMERCIAL COOLING's warranty determination is final. The obligation of COMMERCIAL COOLING under this warranty shall be limited to repairing or replacing, at the company’s discretion, the panels that prove to be defective, FOB factory. This warranty does not include any labor charges for repair or replacement of defective parts. All hardware and accessories manufactured by other companies carry their own warranties. COMMERCIAL COOLING makes no claim for application or fitness for a particular use. In no event shall COMMERCIAL COOLING be liable for loss of use, revenue or profit or for any other indirect, incidental, special, or consequential damage including, but not limited to, food spoilage or product loss.
This warranty is in lieu of all other warranties expressed or implied and does not apply to equipment which has been subject to any accident, alteration, abuse, misuse, or improper installation.
The Condensing unit and coil have a standard one-year manufacturers’ warranty. The obligation of the manufacturer under this warranty shall be limited to repairing or replacing, at the company’s discretion, any part of said refrigeration system that proves to be defective within one year from the date of purchase, FOB factory. There is an optional four-year additional compressor exchange warranty that must be purchased at the time of original order. Please see additional refrigeration warranty information as detailed below. |
| |
REFRIGERATION MANUFACTURER
WARRANTY
SELLER
warrants to its direct purchasers that products, except Service Parts, manufactured by SELLER shall be of a merchantable quality, free of defects in material or workmanship, under normal use and service for a period of one (1) year from date of original installation, or eighteen months from date of shipment by SELLER, whichever first occurs. Service parts, for product out of original warranty, should be so warranted for a period of twelve (12) months from date of installation, or eighteen (18) months from date of shipment whichever may first occur. Any product covered by this order found to SELLER’s satisfaction to be defective upon examination at Seller’s factory will at SELLER’s option, be repaired or replaced and returned to Buyer via lowest common carrier, or SELLER may at its option grant Buyer a credit for the purchase price of the defective article. Upon return of a defective product to SELLER’s plant, freight prepaid, by Buyer, correction of such defect by repair or replacement, and return freight via lowest common carrier, shall constitute full performance by SELLER of is obligations hereunder.
SELLER shall have no liability for expenses incurred for repairs made by Buyer except by prior, written authorization. Every claim on account of breach of warranty shall be made to SELLER in writing within the warranty period specified above – otherwise such claim shall be deemed waived. SELLER shall have no warranty obligation whatsoever if its products have been subjected to alteration, misuse, negligence, free chemicals in system, corrosive atmosphere, accident, or if operation is contrary to SELLER’s or manufacturer’s recommendations, or if the serial number has been altered, defaced or removed.
Motor compressors furnished by SELLER are subject to the standard warranty terms set forth above, except that motor compressor replacements or exchanges shall be made through the nearest authorized wholesaler of the motor compressor manufacturer (not at SELLER’s factory) and no fright shall be allowed for transportation of the motor compressor to and from the wholesaler. The replacement motor compressor shall be identical to the model of the motor compressor being replaced. Additional charges which may be incurred throughout the substitution of other than identical replacements are not covered by this warranty.
THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, NOTWITHSTANDING THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE, THE MAGNUSON-MOSS WARRANTY – FEDERAL TRADE COMMISSION IMPROVEMENT ACT, OR ANY OTHER STATUTORY OR COMMON LAW, FEDERAL OR STATE.
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF FITNESS FOR ANY PARTICULAR PURPOSE, OR OF ANY OTHER NATURE WHATSOEVER, WITH RESPECT TO PRODUCTS MANUFACTURES OR SOLD BY SELLER HEREUNDER, EXCEPT AS SPECIFICALLY SET FORTH ABOVE AND ON THE FACE HEREOF. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT SELLER SHALL NOT BE LIABLE TO BUYER, OR ANY CUSTOMER OF BUYER, FOR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PENAL DAMAGES, OR FOR ANY EXPENSES INCURRED BY REASON OF THE USE OR MISUSE BY BUYER OR THIRD PARTIES OF SAID PRODUCTS. TO THE EXTENT SAID PRODCUTS MAY BE CONSIDERED “CONSUMER PRODUCTS,” AS DEFINED IN SEC. 101 OF THE MAGNUSON-MOSS WARRANTY – FEDERAL TRADE COMMISSION IMPROVEMENT ACT, SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO “CONSUMERS,” EXCEPT AS SPECIFICALLY SET FORTH ABOVE AND ON THE FACE HEREOF.
|
