Common use of Warranty/Exclusive Remedy Clause in Contracts

Warranty/Exclusive Remedy. Seller warrants that the Products will be free from defects in materials and workmanship under normal use and service and when stored, maintained, and installed in strict accordance with factory recommendations. Seller’s sole obligation to Customer under this warranty is the repair or replacement by Seller or a Seller-authorized service agency, at Seller’s option, of any Product or any part thereof deemed defective upon Seller’s examination, for a period of: (i) one (1) year from the date of purchase when installed and maintained in accordance with Seller’s written instructions or (ii) eighteen (18) months from the date of shipment by Seller, whichever is earlier. Credit for Products or parts returned with the prior written permission of Seller will be subject to the terms shown on Seller’s material return authorization form. PRODUCTS OR PARTS RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF SELLER WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred by Customer in returning, replacing or removing the Products will not be reimbursed by Seller. If the defect comes under the terms of the limited warranty, the Products will be repaired or replaced and returned to the Customer and the cost of return freight will be paid by Seller. The remedy of repair or replacement provided for herein is Customer’s exclusive remedy. Any improper use, alteration, repairs or any other action or inaction by others (including the use of any unauthorized service agency) that in Seller’s sole judgment adversely affects the Product shall void this warranty. The warranty expressly provided herein may only be asserted by Customer and may not be asserted by Customer’s customers or other users of the Products. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. (a) Without limiting the foregoing and subject to the foregoing conditions, additional warranties may be available solely by written agreement from Seller. (b) Without limiting the foregoing and subject to the foregoing conditions, the following product components have warranties for the periods of time and conditions as follows: (i) One (1) Year Parts and Labor PLUS One (1) Additional Year Parts-Only Warranty: Conveyor Toaster Elements (metal sheathed) Drawer Warmer Elements (metal sheathed) Drawer Warmer Drawer Rollers and Slides Strip Heater Elements (metal sheathed) Display Warmer Elements (metal sheathed air heating) Holding Cabinet Elements (metal sheathed air heating) Heated Well Elements — HW, HWB and HWBI Series (metal sheathed) (ii) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers (iii) One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks (iv) One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks (v) Ninety (90) Day Parts-Only Warranty: Replacement Parts Without limiting the foregoing SUCH WARRANTIES DO NOT COVER components in Seller’s sole discretion such as, but not limited to, the following: Coated incandescent light bulbs, fluorescent lights, heat lamp bulbs, coated halogen light bulbs, halogen heat lamp bulbs, xenon light bulbs, LED light tubes, glass components, and fuses; Product failure in booster tank, fin tube heat exchanger, or other water heating equipment caused by xxxxxx, sediment buildup, chemical attack, or freezing; or Product misuse, tampering or misapplication, improper installation, or application of improper voltage.

Warranty/Exclusive Remedy. Seller warrants to the Buyer for 12 months from date of initial operation, or 18 months from shipment, whichever occurs first, that Seller manufactured Goods that are the subject of this sale conform to Seller’s published specifications. Seller warrants to Buyer that the Products will Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from defects the rightful claim of any third person for direct infringement of patent or copyright. Seller warrants to Buyer for 90 days from the completion of the Services that such Services shall be performed in materials a good and workmanship under normal use and service and when storedworkmanlike manner. Seller will correct any failure or defect in Goods or the Services within a reasonable time after such notification at a location designated by Seller. If Seller is unable to repair the Goods and/or Services, maintained, and installed in strict accordance with factory recommendations. Seller’s sole obligation under its warranty will be, at its option, to: (a) replace the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Xxxxx’s exclusive remedies for breach of warranty. Any action for breach of warranty must be commenced within 6 months following expiration of the applicable warranty period. Seller makes no warranties with respect to Customer under this warranty is any Goods sold by, but not manufactured by Seller, but Seller will cooperate with Buyer in passing through any warranties received from the repair or replacement manufacturer of such Goods. Any suggestions by Seller or a Seller-authorized service agency, at Seller’s optionagents regarding use, application, or suitability of any Product or any part thereof deemed defective upon the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s examination, for a period ofwarranties shall not apply to defects or damages caused by: (ia) one (1) year from the date of purchase when installed and maintained Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller’s written instructions or (ii) eighteen (18) months from the date of shipment by Seller, whichever is earlier. Credit for Products or parts returned with the prior written permission of Seller will be subject to the terms shown on Seller’s material return authorization form. PRODUCTS OR PARTS RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF SELLER WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred by Customer in returning, replacing or removing the Products will not be reimbursed by Seller. If the defect comes under the terms of the limited warranty, the Products will be repaired or replaced and returned to the Customer and the cost of return freight will be paid by Seller. The remedy of repair or replacement provided for herein is Customer’s exclusive remedy. Any improper use, alteration, repairs or any other action or inaction by others (including the use of any unauthorized service agency) that in Seller’s sole judgment adversely affects the Product shall void this warranty. The warranty expressly provided herein may only be asserted by Customer and may not be asserted by Customer’s customers or other users of the Products. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. (a) Without limiting the foregoing and subject to the foregoing conditions, additional warranties may be available solely by written agreement from Seller. ; (b) Without limiting Buyer’s use of the foregoing and subject Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachments or modifications to the foregoing conditions, Goods and/or Services; (d) normal wear and tear; (e) any other abuse or misuse of the following product components have warranties for the periods of time and conditions as follows: (i) One (1) Year Parts and Labor PLUS One (1) Additional Year Parts-Only Warranty: Conveyor Toaster Elements (metal sheathed) Drawer Warmer Elements (metal sheathed) Drawer Warmer Drawer Rollers and Slides Strip Heater Elements (metal sheathed) Display Warmer Elements (metal sheathed air heating) Holding Cabinet Elements (metal sheathed air heating) Heated Well Elements — HW, HWB and HWBI Series (metal sheathed) (ii) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers (iii) One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks (iv) One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks (v) Ninety (90) Day Parts-Only Warranty: Replacement Parts Without limiting the foregoing SUCH WARRANTIES DO NOT COVER components in Seller’s sole discretion such as, but not limited to, the following: Coated incandescent light bulbs, fluorescent lights, heat lamp bulbs, coated halogen light bulbs, halogen heat lamp bulbs, xenon light bulbs, LED light tubes, glass components, and fuses; Product failure in booster tank, fin tube heat exchanger, or other water heating equipment caused Goods and/or Services by xxxxxx, sediment buildup, chemical attack, or freezing; or Product misuse, tampering or misapplication, improper installation, or application of improper voltageXxxxx.

Warranty/Exclusive Remedy. Seller warrants to the Buyer for 12 months from date of initial operation, or 18 months from shipment, whichever occurs first, that Seller manufactured Goods that are the subject of this sale conform to Seller’s published specifications. Seller warrants to Buyer that the Products will Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from defects the rightful claim of any third person for direct infringement of patent or copyright. Seller warrants to Buyer for 90 days from the completion of the Services that such Services shall be performed in materials a good and workmanship under normal use and service and when storedworkmanlike manner. Seller will correct any failure or defect in Goods or the Services within a reasonable time after such notification at a location designated by Seller. If Seller is unable to repair the Goods and/or Services, maintained, and installed in strict accordance with factory recommendations. Seller’s sole obligation under its warranty will be, at its option, to: (a) replace the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Xxxxx’s exclusive remedies for breach of warranty. Any action for breach of warranty must be commenced within 6 months following expiration of the applicable warranty period. Seller makes no warranties with respect to Customer under this warranty is any Goods sold by, but not manufactured by Seller, but Seller will cooperate with Buyer in passing through any warranties received from the repair or replacement manufacturer of such Goods. Any suggestions by Seller or a Seller-authorized service agency, at Seller’s optionagents regarding use, application, or suitability of any Product or any part thereof deemed defective upon the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s examination, for a period ofwarranties shall not apply to defects or damages caused by: (ia) one (1) year from the date of purchase when installed and maintained Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller’s written instructions or (ii) eighteen (18) months from the date of shipment by Seller, whichever is earlier. Credit for Products or parts returned with the prior written permission of Seller will be subject to the terms shown on Seller’s material return authorization form. PRODUCTS OR PARTS RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF SELLER WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred by Customer in returning, replacing or removing the Products will not be reimbursed by Seller. If the defect comes under the terms of the limited warranty, the Products will be repaired or replaced and returned to the Customer and the cost of return freight will be paid by Seller. The remedy of repair or replacement provided for herein is Customer’s exclusive remedy. Any improper use, alteration, repairs or any other action or inaction by others (including the use of any unauthorized service agency) that in Seller’s sole judgment adversely affects the Product shall void this warranty. The warranty expressly provided herein may only be asserted by Customer and may not be asserted by Customer’s customers or other users of the Products. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. (a) Without limiting the foregoing and subject to the foregoing conditions, additional warranties may be available solely by written agreement from Seller. ; (b) Without limiting Buyer’s use of the foregoing and subject Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachmentsor modifications to the foregoing conditions, the following product components have warranties for the periods of time and conditions as follows:Goods and/or Services (id) One normal wear and tear; (1e) Year Parts and Labor PLUS One (1) Additional Year Parts-Only Warranty: Conveyor Toaster Elements (metal sheathed) Drawer Warmer Elements (metal sheathed) Drawer Warmer Drawer Rollers and Slides Strip Heater Elements (metal sheathed) Display Warmer Elements (metal sheathed air heating) Holding Cabinet Elements (metal sheathed air heating) Heated Well Elements — HW, HWB and HWBI Series (metal sheathed) (ii) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers (iii) One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks (iv) One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks (v) Ninety (90) Day Parts-Only Warranty: Replacement Parts Without limiting any other abuse or misuse of the foregoing SUCH WARRANTIES DO NOT COVER components in Seller’s sole discretion such as, but not limited to, the following: Coated incandescent light bulbs, fluorescent lights, heat lamp bulbs, coated halogen light bulbs, halogen heat lamp bulbs, xenon light bulbs, LED light tubes, glass components, and fuses; Product failure in booster tank, fin tube heat exchanger, or other water heating equipment caused Goods and/or Services by xxxxxx, sediment buildup, chemical attack, or freezing; or Product misuse, tampering or misapplication, improper installation, or application of improper voltageBuyer.

Warranty/Exclusive Remedy. Seller warrants to the original Buyer for 12 months from date of initial operation, or 18 months from shipment, whichever occurs first, that Seller manufactured Goods that are the subject of this sale conform to Seller’s published specifications. Seller warrants to Buyer that the Products will Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from defects the rightful claim of any third person for direct infringement of patent or copyright. Seller warrants to Buyer for 90 days from the completion of the Services that such Services shall be performed in materials a good and workmanship under normal use and service and when storedworkmanlike manner. Seller will correct any failure or defect in Goods or the Services within a reasonable time after such notification at a location designated by Seller. If Seller is unable to repair the Goods and/or Services, maintained, and installed in strict accordance with factory recommendations. Seller’s sole obligation under its warranty will be, at its option, to: (a) replace the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Xxxxx’s exclusive remedies for breach of warranty. Any action for breach of warranty must be commenced within 6 months following expiration of the applicable warranty period. Seller makes no warranties with respect to Customer under this warranty is the repair or replacement any Goods sold by, but not manufactured by Seller. Any suggestions by Seller or a Seller-authorized service agency, at Seller’s optionagents regarding use, application, or suitability of any Product or any part thereof deemed defective upon the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s examination, for a period ofwarranties shall not apply to defects or damages caused by: (ia) one (1) year from the date of purchase when installed and maintained Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller’s written instructions or (ii) eighteen (18) months from the date of shipment by Seller, whichever is earlier. Credit for Products or parts returned with the prior written permission of Seller will be subject to the terms shown on Seller’s material return authorization form. PRODUCTS OR PARTS RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF SELLER WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred by Customer in returning, replacing or removing the Products will not be reimbursed by Seller. If the defect comes under the terms of the limited warranty, the Products will be repaired or replaced and returned to the Customer and the cost of return freight will be paid by Seller. The remedy of repair or replacement provided for herein is Customer’s exclusive remedy. Any improper use, alteration, repairs or any other action or inaction by others (including the use of any unauthorized service agency) that in Seller’s sole judgment adversely affects the Product shall void this warranty. The warranty expressly provided herein may only be asserted by Customer and may not be asserted by Customer’s customers or other users of the Products. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. (a) Without limiting the foregoing and subject to the foregoing conditions, additional warranties may be available solely by written agreement from Seller. ; (b) Without limiting Buyer’s use of the foregoing and subject Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachments or modifications to the foregoing conditions, Goods and/or Services (d) normal wear and tear; (e) any other abuse or misuse of the following product components have warranties for the periods of time and conditions as follows: (i) One (1) Year Parts and Labor PLUS One (1) Additional Year Parts-Only Warranty: Conveyor Toaster Elements (metal sheathed) Drawer Warmer Elements (metal sheathed) Drawer Warmer Drawer Rollers and Slides Strip Heater Elements (metal sheathed) Display Warmer Elements (metal sheathed air heating) Holding Cabinet Elements (metal sheathed air heating) Heated Well Elements — HW, HWB and HWBI Series (metal sheathed) (ii) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers (iii) One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks (iv) One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks (v) Ninety (90) Day Parts-Only Warranty: Replacement Parts Without limiting the foregoing SUCH WARRANTIES DO NOT COVER components in Seller’s sole discretion such as, but not limited to, the following: Coated incandescent light bulbs, fluorescent lights, heat lamp bulbs, coated halogen light bulbs, halogen heat lamp bulbs, xenon light bulbs, LED light tubes, glass components, and fuses; Product failure in booster tank, fin tube heat exchanger, or other water heating equipment caused Goods and/or Services by xxxxxx, sediment buildup, chemical attack, or freezing; or Product misuse, tampering or misapplication, improper installation, or application of improper voltageXxxxx.

Warranty/Exclusive Remedy. Seller warrants to the original Buyer for 1 year from date of initial operation, or 18 months from shipment, whichever occurs first, that Seller manufactured Goods that are the subject of this sale conform to Seller’s published specifications. Seller warrants to Buyer that the Products will Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from defects in materials and workmanship under normal use and service and when stored, maintained, and installed in strict accordance with factory recommendations. Seller’s sole obligation to Customer under this warranty is the repair or replacement by Seller or a Seller-authorized service agency, at Seller’s option, rightful claim of any Product third person for direct infringement of patent or any part thereof deemed defective upon Seller’s examination, copyright. Seller warrants to Buyer for a period of: (i) one (1) year 90 days from the date completion of purchase when installed the Services that such Services shall be performed in a good and maintained in accordance with Seller’s written instructions or (ii) eighteen (18) months from the date of shipment by Seller, whichever is earlierworkmanlike manner. Credit for Products or parts returned with the prior written permission of Seller will be subject to correct any failure or defect in Goods or the terms shown on Seller’s material return authorization form. PRODUCTS OR PARTS RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF SELLER WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred by Customer in returning, replacing or removing the Products will not be reimbursed Services within a reasonable time after such notification at a location designated by Seller. If Seller is unable to repair the defect comes under Goods and/or Services, Seller will, at its option: (a) replace the terms Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Buyer’s exclusive remedies for breach of warranty. Any action for breach of warranty must be commenced within 6 months following expiration of the limited warrantyapplicable warranty period. Seller makes no warranties with respect to any Goods sold by, the Products will be repaired or replaced and returned to the Customer and the cost of return freight will be paid but not manufactured by Seller. The remedy of repair Any suggestions by Seller or replacement provided for herein is CustomerSeller’s exclusive remedy. Any improper agents regarding use, alterationapplication, repairs or any other action or inaction suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by others (including the use of any unauthorized service agency) that in Seller. Seller’s sole judgment adversely affects the Product warranties shall void this warranty. The warranty expressly provided herein may only be asserted by Customer and may not be asserted by Customer’s customers apply to defects or other users of the Products. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. damages caused by: (a) Without limiting the foregoing and subject Buyer’s failure to the foregoing conditions, additional warranties may be available solely by written agreement from Seller. provide a suitable installation environment; (b) Without limiting Buyer’s use of the foregoing and subject Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachments or modifications to the foregoing conditions, Goods and/or Services (d) normal wear and tear; (e) any other abuse or misuse of the following product components have warranties for the periods of time and conditions as follows: (i) One (1) Year Parts and Labor PLUS One (1) Additional Year Parts-Only Warranty: Conveyor Toaster Elements (metal sheathed) Drawer Warmer Elements (metal sheathed) Drawer Warmer Drawer Rollers and Slides Strip Heater Elements (metal sheathed) Display Warmer Elements (metal sheathed air heating) Holding Cabinet Elements (metal sheathed air heating) Heated Well Elements — HW, HWB and HWBI Series (metal sheathed) (ii) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers (iii) One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks (iv) One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks (v) Ninety (90) Day Parts-Only Warranty: Replacement Parts Without limiting the foregoing SUCH WARRANTIES DO NOT COVER components in Seller’s sole discretion such as, but not limited to, the following: Coated incandescent light bulbs, fluorescent lights, heat lamp bulbs, coated halogen light bulbs, halogen heat lamp bulbs, xenon light bulbs, LED light tubes, glass components, and fuses; Product failure in booster tank, fin tube heat exchanger, or other water heating equipment caused Goods and/or Services by xxxxxx, sediment buildup, chemical attack, or freezing; or Product misuse, tampering or misapplication, improper installation, or application of improper voltageBuyer.

Warranty/Exclusive Remedy. Seller warrants that the Products will be free from defects in materials and workmanship under normal use and service and when stored, maintained, and installed in strict accordance with factory recommendations. Seller’s sole obligation to Customer under this warranty is the repair or replacement by Seller or a Seller-authorized service agency, at Seller’s option, of any Product or any part thereof deemed defective upon Seller’s examination, for a period of: (i) one (1) year the Warranty Duration from the date of purchase when installed and maintained shipment by Seller or (ii) the Warranty Duration from the date of Product registration in accordance with Seller’s written instructions or (ii) instructions, whichever is later. The “Warranty Duration” shall mean the specific periods set forth below for specific Product components, or, to the extent not listed below, eighteen (18) months from the date of shipment by Seller, whichever is earliermonths. Credit for Products or parts returned with the prior written permission of Seller will be subject to the terms shown on Seller’s material return authorization form. PRODUCTS OR PARTS RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF SELLER WILL NOT BE ACCEPTED FOR CREDIT. Expenses incurred by Customer in returning, replacing or removing the Products will not be reimbursed by Seller. If the defect comes under the terms of the limited warranty, the Products will be repaired or replaced and returned to the Customer and the cost of return freight will be paid by Seller. The remedy of repair or replacement provided for herein is Customer’s exclusive remedy. Any improper use, alteration, repairs repairs, tampering, misapplication, improper installation, application of improper voltage or any other action or inaction by Customer or others (including the use of any unauthorized service agency) that in Seller’s sole judgment adversely affects the Product shall void this warranty. The warranty expressly provided herein may only be asserted by Customer and may not be asserted by Customer’s customers or other users of the Products; provided, however, that if Customer is an authorized equipment dealer of Seller, Customer may assign the warranty herein to Customer’s customers, subject to all of the limitations of these Terms, and in such case, the warranty shall be exclusively controlled by Seller in accordance with these Terms. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. (a) Without limiting the foregoing and subject to the foregoing conditions, additional warranties may be available solely by written agreement from Seller. (b) Without limiting the foregoing and subject to the foregoing conditions, the following product components have warranties for the periods of time and conditions as follows: (i) One (1) Year Parts and Labor PLUS One (1) Additional Year Parts-Only Warranty: Conveyor Toaster Elements (metal sheathed) Drawer Warmer Elements (metal sheathed) Drawer Warmer Drawer Rollers and Slides Strip Heater Elements (metal sheathed) Display Warmer Elements (metal sheathed air heating) Holding Cabinet Elements (metal sheathed air heating) Heated Well Elements — HW, HWB and HWBI Series (metal sheathed) (ii) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers (iii) One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks (iv) One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks (v) Ninety (90) Day Parts-Only Warranty: Replacement Parts Without limiting the foregoing SUCH WARRANTIES DO NOT COVER components in Seller’s sole discretion such as, but not limited to, the following: Coated incandescent light bulbs, fluorescent lights, heat lamp bulbs, coated halogen light bulbs, halogen heat lamp bulbs, xenon light bulbs, LED light tubes, glass components, and fuses; Product failure in booster tank, fin tube heat exchanger, or other water heating equipment caused by xxxxxx, sediment buildup, chemical attack, or freezing; or Product misuse, tampering or misapplication, improper installation, or application of improper voltage.