Stoelting E131I, Owner'S Manual

Page: 37 / 37

January 30, 2003
721-013, Rev. 0
File: Policy Manual/Warranty softserve1
WARRANTY
SOFT SERVE / SHAKE FREEZERS
1. Scope:
Stoelting, LLC warrants to the first user (the “Buyer”) that the freezer cylinders, hoppers, compressors, drive
motors, speed reducers, augers and auger flights of Stoelting soft serve / shake freezers will be free from defects
in materials and workmanship under normal use and proper maintenance appearing within five (5) years, and that
all other components of such equipment manufactured by Stoelting will be free from defects in material and
workmanship under normal use and proper maintenance appearing within twelve (12) months after the date that
such equipment is originally installed.
2. Disclaimer of Other Warranties:
THIS WARRANTY IS EXCLUSIVE; AND STOELTING HEREBY DISCLAIMS ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE.
3. Remedies:
Stoelting’s sole obligations, and Buyer’s sole remedies, for any breach of this warranty shall be the repair or (at
Stoelting’s option) replacement of the affected component at Stoelting’s plant in Kiel, Wisconsin, or (again, at
Stoelting’s option) refund of the purchase price of the affected equipment, and, during the first twelve (12)
months of the warranty period, deinstallation/reinstallation of the affected component from/into the equipment.
Those obligations/remedies are subject to the conditions that Buyer (a) signs and returns to Stoelting, upon
installation, the Checklist/Warranty Registration Card for the affected equipment, (b) gives Stoelting prompt
written notice of any claimed breach of warranty within the applicable warranty period, and (c) delivers the
affected equipment to Stoelting or its designated service location, in its original packaging/crating, also within
that period. Buyer shall bear the cost and risk of shipping to and from Stoelting’s plant or designated service
location.
4. Exclusions and Limitations:
This warranty does not extend to parts, sometimes called “wear parts”, which are generally expected to
deteriorate and to require replacement as equipment is used, including as examples but not intended to be limited
to o-rings, auger seals, auger support bushings and drive belts. All such parts are sold
AS IS.
Further, Stoelting shall not be responsible to provide any remedy under this warranty with respect to any
component that fails by reason of negligence, abnormal use, misuse or abuse, use with parts or equipment not
manufactured or supplied by Stoelting, or damage in transit.
THE REMEDIES SET FORTH IN THIS WARRANTY SHALL BE THE SOLE LIABILITY
STOELTING AND THE EXCLUSIVE REMEDY OF BUYER WITH RESPECT TO
EQUIPMENT SUPPLIED BY STOELTING; AND IN NO EVENT SHALL STOELTING BE
LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FOR
BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR
OTHER TORT, OR ON ANY STRICT LIABILITY THEORY.