20000403 – A – E6 Oven Operator Manual
18
LIMITED WARRANTY FOR COMMERCIAL PRODUCTS
LIMITED WARRANTY
Merrychef USA, (“Merrychef”) warrants this product to be
free from defects in material and workmanship for a period
of one (1) year from the date the product is installed or
eighteen months (18) months from the date of shipment
from our facility, whichever comes first.
During the warranty period, Merrychef shall, at Merrychef’s
option, repair or replace parts determined by Merrychef to
be defective in material or workmanship, and with respect
to services, shall re-perform any defective portion of said
services. The foregoing shall be the sole obligation of
Merrychef under this Limited Warranty with respect to the
equipment, products and services. With respect to
equipment, materials, parts and accessories manufactured
by others, Merrychef’s sole obligation shall be to use
reasonable efforts to obtain the full benefit of the
manufacturer’s warranties. Merrychef shall have no
liability, whether in contract, tort, negligence, or otherwise,
with respect to non-Merrychef manufactured products.
WHO IS COVERED
This Limited Warranty is available only to the original
purchaser of the product and is not transferable.
EXCLUSIONS FROM COVERAGE
• Repair or replacement of parts required because of
misuse, improper care or storage, negligence, alteration,
accident, use of incompatible supplies or lack of specified
maintenance shall be excluded
• Normal maintenance items, including but not limited to,
light bulbs, fuses, gaskets, door seals, O-rings, air filters,
interior and exterior finishes, lubrication, de-liming, broken
glass, etc.
• Failures caused be erratic voltages
• Improper or unauthorized repair
• Changes in adjustment and calibration after ninety (90)
days from equipment installation date
• This Limited Warranty will not apply to any parts subject
to damage beyond the control of Merrychef, or to
equipment which has been subject to alteration, misuse or
improper installation, accidents, damage in shipment, fire,
floods, power changes, other hazards or acts of God that
are beyond the control of Merrychef.
• This Limited Warranty does not apply, and shall not cover
any products or equipment manufactured or sold by
Merrychef when such products or commercial equipment is
installed or used in a residential or non-commercial
application. Installations not within the applicable building
or fire codes render this Limited Warranty and any
responsibility or obligations associated therein null and
void. This includes any damage, costs or legal actions
resulting from the installation of any Merrychef commercial
cooking equipment in a non-commercial application or
installation, where the equipment is being used for
applications other than those approved for by Merrychef.
• If any product is cleaned without using an approved
Merrychef cleaning solution, this Limited Warranty
shall be voided.
LIMITATIONS OF LIABILITY
The preceding paragraphs set forth the exclusive remedy
for all claims based on failure of, or defect in, products or
services sold hereunder, whether the failure or defect
arises before or during the warranty period, and whether a
claim, however instituted, is based on contract, indemnity,
warranty, tort (including negligence), strict liability, implied
by statute, common-law or otherwise, and Merrychef its
servants and agents shall not be liable for any claims for
personal injuries or consequential damages or loss,
howsoever caused. Upon the expiration of the warranty
period, all such liability shall terminate. THE FOREGOING
WARRANTIES ARE EXCLUSIVE AND IN LEIU OF ALL
OTHER WARRANTIES, WHETHER WRITTEN, ORAL,
IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE SHALL APPLY, MERRYCHEF DOES NOT
WARRANT ANY PRODUCTS OR SERVICES OF
OTHERS.
REMEDIES
The liability of Merrychef for breach of any warranty
obligation hereunder is limited to: (i) the repair or
replacement of the equipment on which the liability is
based, or with respect to services, re-performance of the
services; or (ii) at Merrychef’s option, the refund of the
amount paid for said equipment or services.
Any breach by Merrychef with respect to any item or unit of
equipment or services shall be deemed a breach with
respect to that item or unit or service only.
WARRANTY CLAIM PROCEDURE
Customer shall be responsible to:
• Immediately advise the Dealer or Merrychef’s Authorized
Service Agent of the equipment serial number and the
nature of the problem.
• Verify the problem is a factory responsibility. Improper
installation or misuse of equipment, are not covered under
this Limited Warranty.
• Cooperate with the Service Agency so that warranty
service may be completed during normal working hours.
GOVERNING LAW
For equipment, products and services sold in the United
States this Limited Warranty shall be governed by the laws
of the state of Delaware, USA, excluding their conflicts of
law principles. The United Nations Convention on
Contracts for the International Sale of Goods is hereby
excluded in its entirety from application to this Limited
Warranty.
Merrychef USA
1111 North Hadley Road
Fort Wayne, Indiana 46804
USA