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asberprofessional.com
asberprofessional.com
Asber will have no responsibility to honor claims received
after the date the applicable Warranty expires.
Notwithstanding the foregoing , any claim with reference
to the Equipment or any parts therefore for any cause
shall be deemed waived unless submitted by the User to
Asber within (30) days after the date the User discovered,
or should have discovered, the claim. In connection with
all claims under this Warranty, Asber will have the right,
at its own expense, to have its representatives inspect
the Equipment at the User’s premises and to request all
of the User’s records pertaining to the Equipment to
determine whether a defect exists, whether the conditions
set forth in this Warranty have been satisfied, and
whether or not the applicable Warranty is in effect.
THE FOREGOING WARRANTY IS IN LIEU OF AND
EXCLUDES
ALL
OTHER
WARRANTIES
NOT
EXPRESSLY
SET
FORTH
HEREIN,
WHETHER
EXPRESS OR IMPLIED BY OPERATION OF LAW OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATION OF PERFORMANCE AND ANY
IMPLED
WARRANTIES
OF
TITLE,
NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICLULAR PURPOSE. NO OTHER
WARRANTIES ARE AUTHORIZED ON BEHALF OF
ASBER UNLESS SPECIFICALLY ISSUED BY ASBER.
Asber shall have no liability for incidental or
consequential
losses,
damages
including
without
limitation or expenses, loss of sales, spoiled food, profits
or goodwill, claims whether or not on account of
refrigeration failure or punitive or exemplary damages
directly or indirectly arising from the sale, handling or use
of the Equipment or from any other cause relating
thereto, whether arising in contract, tort, warranty, strict
liability or otherwise. Asbe
r’s liability hereunder in any
case is expressly limited, at Asber’s election, to repair or
replacement of Equipment or parts therefore or to the
repayment of, or crediting the user with, an amount equal
to the purchase price of such goods.
Prices & Specifications:
Asber reserves the right to
change the prices and specifications of the equipment
and/or material without notice. Prices are FOB Asber
warehouses. All orders are subject to acceptance by
Asber Commercial, Inc.
Terms:
All orders are subject to credit approval. All
Invoices not paid within the specified terms will be subject
to a 1.5% per month delinquency charge. Buyer agrees to
pay all costs of collection including such attorney’s fees
as may be allowed by law.
Taxes
: This price list does not include any Federal, State,
City or Local taxes, which may apply and are subject
thereto.
Shipment
: Requested carrier will be used upon request.
Asber has the right to ship via any responsible carrier if
requested carrier is unavailable. Shipping charges are
payable by consignee and any claims arising as such
charges shall be resolved between the carrier and the
consignee. Shipping dates are approximates. Asber is not
responsible for any delays in deliveries that are beyond
our control.
Damaged Merchandise
: Inspect shipment for any
damage, before accepting it. If damaged, open and
inspect the contents with the carrier. Any damage should
be noted and reported on the delivering carrier’s receipts.
Asber does not assume nor responsibility for damages
while in transit.
Concealed Damage:
If there is concealed damage to the
equipment, notify the carrier immediately. Notification
should be made verbally as well as in written form.
Request an inspection by the shipping company of the
damaged equipment. Retain all crating material until
inspection has been made.
Cancellations & Returns:
Cancelled orders and
returned merchandise are subject to a 25% restocking
and handling charge. Written authorization is required for
a return of any equipment. All equipment returned must
be in its original factory crate; freight prepaid and must be
in the same condition as originally shipped by Asber.
Returns will only be authorized within 30 days of invoice
date.
