Thermal•Aire II Convection Tray Cart | 22
WARRANTY
These Warranties cover the following Dinex | Carlisle (“Dinex”)
equipment products (the “Warranted Products”):
• Rethermalization Equipment Products
• Induction Heating System Products (excluding Induction Bases
covered under separate warranty)*
• Milk Cooler Products
• Ice Cream Freezer Products
• Air Curtain Refrigerator Products
• Blast Chiller Products
• Hot/Cold Food Counter Products
• Plate, Rack and Tray Dispenser Products
• Plate Heater Products
• Base Heater Products
• Drying and Storage Rack Products
• Starter Station Products
• Conveyer Products
• Tray and Other Cart Products
Warranted Products also includes any other Equipment System
Products identified on Dinex’s website (www.dinex.com) from time to
time.
Standard Warranty.
Except as indicated otherwise below, Dinex
warrants that the Warranted Products will be free from defects in
title, material and workmanship under normal use and service and
will perform substantially in accordance with Dinex’s written technical
specifications for the Warranted Products (as such specifications
exist on the date the Warranted Products are shipped) (the “Product
Specifications” ) . This warranty covers both parts and labor and
is available only to end-users (the “Customers”) that purchase the
Warranted Products from Dinex or its authorized distributors. For the
purpose of these warranties, a defect is determined by Dinex after its
good faith investigation.
Dinex Software.
In addition to the other warranties set forth herein, with
respect to Dinex’s licensed software, Dinex warrants that it has the right
to license or sublicense the software to Customer for the purposes and
subject to the terms and conditions set forth in Dinex’s standard terms
and conditions.
Supplies and Accessories.
Dinex’s warranty for its supplies and
accessories that are shipped with Warranted Products is covered by a
separate warranty statement, which is available at www.dinex.com.
Services.
Dinex warrants that any service it provides to Customer will
be performed by trained individuals in a workmanlike manner.
DURATION
Dinex provides a one year warranty for the Warranted Products*. The
warranty period begins on the date the Warranted Products 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.
*Turbo•Temp and Smart•Therm Induction Chargers are Warranted for
two years.
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. EST, 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, PUNITIV E, 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 any other materials or
services, not furnished by Dinex or recommended in writing by Dinex;
(v) the use of the Warranted Product in a manner or environment,
or for any purpose, for which Dinex did not design or license it, or
inconsistent with Dinex’s recommendations or instructions on use
including, but not limited to, power supply requirements identified in
Product Specifications; (vi) any alteration, modification or enhancement
of the Warranted Product by Customer or any third party not authorized
or approved in writing by Dinex; (vii) Warranted Product manufactured
to meet customer specifications or designs; or (viii) any accessories or
supplies or other equipment or products that may be delivered with the
Warranted Product .
In addition, these warranties do not cover: (i) Any defect or deficiency
(including failure to conform to Product Specifications) that results,
in whole or in part, from any improper storage or handling, failure
to maintain the Warranted Products in the manner described in any
applicable instructions or specifications, inadequate backup or virus
protection or any cause external to the Warranted Products or beyond
Dinex’s reasonable control, including, but not limited to, power failure
and failure to keep Customer’s site clean and free of dust, sand and
other particles or debris; (ii) the payment or reimbursement of any
facility costs arising from repair or replacement of the Warranted
Products; (iii) any adjustment, such as alignment, calibration, or other
normal preventative maintenance required of Customer; and (iv)
expendable supply items.