Common use of Warranty/Exclusive Remedy Clause in Contracts

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 Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from 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 a good and workmanlike 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, 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 any Goods sold by, but not manufactured by Seller, but Seller will cooperate with Buyer in passing through any warranties received from the manufacturer of such Goods. Any suggestions by Seller or Seller’s agents regarding use, application, or suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s warranties shall not apply to defects or damages caused by: (a) Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller; (b) Buyer’s use of the 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 Goods and/or Services

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 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 terms shown on Seller’s published specificationsmaterial return authorization form. Seller warrants to Buyer that 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 Goods shall Products will not be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from 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 a good and workmanlike manner. Seller will correct any failure or defect in Goods or the Services within a reasonable time after such notification at a location designated reimbursed by Seller. If Seller 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 unable to repair Customer’s exclusive remedy. Any improper use, alteration, repairs or any other action or inaction by others (including the Goods and/or Services, use of any unauthorized service agency) that in Seller’s sole obligation under its warranty will be, at its option, to: (a) replace judgment adversely affects the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Xxxxx’s exclusive remedies for breach of Product shall void this warranty. Any action for breach of The warranty must expressly provided herein may only be commenced within 6 months following expiration asserted by Customer and may not be asserted by Customer’s customers or other users of the applicable warranty periodProducts. Seller makes no warranties with respect to any Goods sold byTHIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, but not manufactured by SellerEXPRESSED OR IMPLIED, but Seller will cooperate with Buyer in passing through any warranties received from the manufacturer of such Goods. Any suggestions by Seller or Seller’s agents regarding useINCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NONINFRINGEMENT, applicationMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, or suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s warranties shall not apply to defects or damages caused by: (a) Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller; (b) Buyer’s use of the 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 Goods and/or ServicesWHICH ARE EXPRESSLY DISCLAIMED.

Warranty/Exclusive Remedy. Seller warrants to the original Buyer for 12 months 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 Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from 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 a good and workmanlike 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, Seller’s sole obligation under its warranty will beSeller will, at its option, to: (a) replace the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are XxxxxBuyer’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 any Goods sold by, but not manufactured by Seller, but Seller will cooperate with Buyer in passing through any warranties received from the manufacturer of such Goods. Any suggestions by Seller or Seller’s agents regarding use, application, or suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s warranties shall not apply to defects or damages caused by: (a) Buyer’s failure to provide an a suitable installation environment in accordance with the specifications furnished to Sellerenvironment; (b) Buyer’s use of the Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachmentsor attachments or modifications to the Goods and/or ServicesServices (d) normal wear and tear; (e) any other abuse or misuse of the Goods and/or Services by Buyer. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED.

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 Goods shall be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from 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 a good and workmanlike 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, 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 any Goods sold by, but not manufactured by Seller, but Seller will cooperate with Buyer in passing through any warranties received from the manufacturer of such Goods. Any suggestions by Seller or Seller’s agents regarding use, application, or suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing by Seller. Seller’s warranties shall not apply to defects or damages caused by: (a) Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller; (b) Buyer’s use of the Goods and/or Services for purposes other than those for which they were designed/furnished; (c) Buyer’s use of unauthorized attachmentsor attachments or modifications to the Goods and/or ServicesServices (d) normal wear and tear; (e) any other abuse or misuse of the Goods and/or Services by Xxxxx. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED.

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) the Warranty Duration from the date of shipment by Seller or (ii) the Warranty Duration from the date of Product registration in accordance with Seller’s written instructions, whichever is later. The “Warranty Duration” shall mean the specific periods set forth below for specific Product components, or, to the Buyer extent not listed below, eighteen (18) months. Credit for 12 months from date Products or parts returned with the prior written permission of initial operation, or 18 months from shipment, whichever occurs first, that Seller manufactured Goods that are will be subject to the subject of this sale conform to terms shown on Seller’s published specificationsmaterial return authorization form. Seller warrants to Buyer that 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 Goods shall Products will not be delivered free of any encumbrance, and that the Goods designed and manufactured by Seller shall be delivered free from 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 a good and workmanlike manner. Seller will correct any failure or defect in Goods or the Services within a reasonable time after such notification at a location designated reimbursed by Seller. If Seller 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 unable to repair Customer’s exclusive remedy. Any improper use, alteration, repairs, tampering, misapplication, improper installation, application of improper voltage or any other action or inaction by Customer or others (including the Goods and/or Services, use of any unauthorized service agency) that in Seller’s sole obligation under its warranty will be, at its option, to: (a) replace judgment adversely affects the Goods and/or perform the Services, or (b) refund the purchase price. These remedies are Xxxxx’s exclusive remedies for breach of Product shall void this warranty. Any action for breach of The warranty must expressly provided herein may only be commenced within 6 months following expiration asserted by Customer and may not be asserted by Customer’s customers or other users of the applicable Products; provided, however, that if Customer is an authorized equipment dealer of Seller, Customer may assign the warranty periodherein 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. Seller makes no warranties with respect 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. 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 Food Warmer 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) Two (2) Year Parts and Labor Warranty: Induction Ranges Induction Warmers One (1) year Replacement Warranty: TPT Pop-Up Toasters One (1) Year Parts and Labor PLUS Four (4) Years Parts-Only Warranty: 3CS and FR Tanks One (1) Year Parts and Labor PLUS Nine (9) Years Parts-Only Warranty: Electric Booster Heater Tanks Gas Booster Heater Tanks Ninety (90) Day Parts-Only Warranty: Replacement Parts Notwithstanding anything herein to any Goods sold bythe contrary, the limited warranty herein will not cover components in Seller’s sole discretion such as, but not manufactured by Sellerlimited to, but Seller will cooperate with Buyer 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 passing through any warranties received from the manufacturer of such Goods. Any suggestions by Seller or Seller’s agents regarding usebooster tank, applicationfin tube heat exchanger, or suitability of the Goods and/or Services shall not be construed as an express warranty unless confirmed as such in writing other water heating equipment caused by Seller. Seller’s warranties shall not apply to defects xxxxxx, sediment buildup, chemical attack, or damages caused by: (a) Buyer’s failure to provide an installation environment in accordance with the specifications furnished to Seller; (b) Buyer’s use of the 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 Goods and/or Servicesfreezing.