DuraTherm
™
10
are shipped to Customer. The warranty period
for any Warranted Product or part furnished to
correct a warranty failure will be the unexpired
term of the warranty applicable to the repaired
or replaced Warranted Product.
REMEDIES
If Customer promptly notifies Dinex of
Customer’s warranty claim and makes the
Warranted Product available for service, Dinex
will, at its option, either repair or replace (with
new or exchange replacement parts) the non-
conforming Warranted Product or parts of the
Warranted Product. With respect to Dinex’s
licensed software, Dinex will, at its option,
either correct the non-conformity or replace
the applicable licensed software. Warranty
service will be performed without charge from
8:00 a.m. to 5:00 p.m . E S T, Monday - Friday,
excluding Dinex holidays, and outside those
hours at Dinex’s then prevailing service rates
and subject to the availability of personnel.
With respect to Dinex’s warranty for the
services it provides to Customer, Customer’s
exclusive remedy shall be the re-performance
of the services by Dinex. The foregoing
remedies are Customer’s exclusive remedies
and Dinex’s sole liability for warranty claims
under this warranty statement. This exclusive
remedy shall not have failed of its essential
purpose (as that term is used in the Uniform
Commercial Code) as long as Dinex remains
willing to repair or replace defective Warranted
Products within a commercially reasonable
time after being notified of
Customer’s warranty
claim.
LIMITATIONS
THESE WARRANTIES ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, WHETHER
WRITTEN, ORAL, EXPRESSED, IMPLIED OR
STATUTORY. EXCEPT AS PROVIDED HEREIN,
NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, SYSTEM INTEGRATION
AND DATA ACCURACY, WILL APPLY. THERE
ARE NO WARRANTIES THAT EXTEND BEYOND
THOSE DESCRIBED IN THIS DOCUMENT
AND NO PRIOR STATEMENTS BY ANY OF
DINEX’S REPRESENTATIVES SHALL MODIFY
OR EXPAND THESE WARRANTIES. DINEX AND
DINEX’S AFFILIATES AND REPRESENTATIVES
SHALL HAVE NO LIABILITY TO CUSTOMER
FOR (1) ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH
THE WARRANTED PRODUCTS, REGARDLESS
OF WHETHER SUCH LIABILITY SHALL BE
CLAIMED IN CONTRACT, TORT, EQUITY
OR OTHERWISE, (2) ANY ASSISTANCE NOT
REQUIRED
UNDER DINEX’S QUOTATION
OR (3) ANYTHING OCCURRING AFTER THE
WARRANTY PERIOD ENDS.
DINEX’S STANDARD WARRANTIES ONLY
APPLY TO END-USER-PURCHASERS
LOCATED IN THE UNITED STATES AND
CANADA. ANY SALE TO END-USER-
PURCHASERS OUTSIDE THE UNITED
STATES AND CANADA WILL BE SUBJECT
TO COMMERCIAL TERMS SPECIFICALLY
AGREED BY DINEX AND THE END-USER
PURCHASER. DINEX MAKES NO WARRANTY,
EXPRESS OR IMPLIED, TO END-USER-
PURCHASERS OUTSIDE THE UNITED
STATES OR CANADA UNLESS OTHERWISE
EXPRESSLY AGREED IN WRITING.
These warranties do not apply to, and Dinex
shall not have any obligation to Customer
hereunder with respect to, any warranty claim
resulting from or arising out of: (i) normal wear
and tear; (ii) damage caused by shipping or
accident; (iii) damage caused by improper
installation, repair or alteration not performed
by Dinex; (iv) the use of the Warranted Product
in combination with any software, tools,
hardware, equipment, supplies, accessories or
