26
Delfield
STANDARD ONE YEAR WARRANTY
(One year parts and labor)
The Delfield Company (“Delfield”) warrants to the Original Purchaser
of the Delfield product (herein called the “Unit”) that such Unit, and all
parts thereof, will be free from defects in material and workmanship
under normal use and service for a period of one (1) year from the date
of shipment of the Unit to the Original Purchaser
or, if the Original
Purchaser returns the warranty card completely filled out
including the date of installation within thirty (30) days of receipt
of the Unit, one (1) year from the date of installation.
During this
one year warranty period, Delfield will repair or replace any defective
part or portion there of returned to Delfield by the Original Purchaser
which Delfield determines was defective due to faulty material or
workmanship. The Original purchaser will pay all labor, crating, freight
and related costs incurred in the removal of the Unit of defective
component and shipment to Delfield, except that during a period of
either ninety (90) days from the date of shipment of the Unit to the
Original Purchaser or, if the Original Purchaser returns the warranty
card completely filled out including the date of installation within thirty
(30) days of receipt of the Unit, ninety (90) days from the date of
installation Delfield will pay all related labor costs. Delfield will pay the
return costs if the Unit or part thereof was defective.
The term “Original Purchaser” as used herein means that person, firm,
association, or corporation for whom the Unit was originally installed.
This warranty does not apply to any Unit or part thereof that has been
subjected to misuse, neglect, alteration, or accident, such as accidental
damage to the exterior finish, operated contrary to the recommendations
specified by Delfield; or repaired or altered by anyone other than
Delfield in any way so as to, in Delfield’s sole judgement, affect its quality
or efficiency. This warranty does not apply to any Unit that has been
moved from the location where it was originally installed. This warranty
also does not cover the refrigerator drier or the light bulbs used in the
Unit.
The warranty is subject to the user’s normal maintenance
and care responsibility as set forth in the Service and Installation
Manual, such as cleaning the condenser coil, and is in lieu of all
other obligations of Delfield. Delfield neither assumes, nor
authorizes any other person to assume for Delfield, any other
liability in connection with Delfield’s products.
Removal or defacement of the original Serial Number or Model Number
from any Unit shall be deemed to release Delfield from all obligations
hereunder or any other obligations, express or implied.
Parts furnished by suppliers to Delfield are guaranteed by Delfield only
to the extent of the original manufacturer’s express warranty to
Delfield. Failure of the Original Purchaser to receive such manufacturer’s
express warranty to Delfield. Failure of the Original Purchaser to
receive such manufacturers warranty shall in no way create any
warranty, expressed or implied, or any other obligation or liability on
Delfield’s part in respect thereof.
IF THE CUSTOMER IS USING A PART THAT RESULTS IN A
VOIDED WARRANTY AND A DELFIELD AUTHORIZED
REPRESENTATIVE TRAVELS TO THE INSTALLATION ADDRESS
TO PERFORM WARRANTY SERVICE, THE SERVICE
REPRESENTATIVE WILL ADVISE CUSTOMER THE WARRANTY
IS VOID. SUCH SERVICE CALLS WILL BE BILLED TO CUSTOMER
AT THE AUTHORIZED SERVICE CENTER’S THEN APPLICABLE
TIME AND MATERIALS RATES. CONSIDER: CUSTOMER MAY
INITIATE A SERVICE AGREEMENT WITHOUT PARTS COVERAGE.
If shipment of a replacement part is requested prior to the arrival in the
Delfield factory of the part claimed to be defective, the Original
Purchaser must accept delivery of the replacement part of a C.O.D.
basis, with credit being issued after the part has been received and
inspected at Delfield’s plant and determined by Delfield to be within this
warranty.
Under no condition does this warranty give the Original Purchaser the
right to replace the defective Unit with a complete Unit of the same
manufacturer or of another make. Unless authorized by Delfield in
writing, this warranty does not permit the replacement of any part,
including the motor-compressor, to be made with the part of another
make or manufacturer.
No claims can be made under this warranty for spoilage of any
products for any reason, including system failure.
The installation contractor shall be responsible for building access,
entrance and field conditions to insure sufficient clearance to allow any
hood(s), vent(s), or Unit(s) if necessary, to be brought into the building.
Delfield will not be responsible for structural changes or damages
incurred during installation of the Unit or any exhaust system.
Delfield shall not be liable in any manner for any default or delay in
performance hereunder caused by or resulting from any contingency
beyond Delfield’s control, including, but not limited to, war, governmental
restrictions or restraints, strike, lockouts, injunctions, fire, flood, acts
of nature, short or reduced supply of raw materials, or discontinuance
of the parts by the original part manufacturer.
Except as provided in any Additional Four Year Protection Plan,
if applicable, and the Service Labor Contract, if applicable, the
foregoing is exclusive and in lieu of all other warranties, whether
written or oral, express or implied. This warranty supersedes
and excludes any prior oral or written representations or
warranties. Delfield expressly disclaims any implied warranties
of merchantability, fitness for a particular purpose of compliance
with any law, treaty, rule or regulation relating to the discharge
of substances into the environment. The sole and exclusive
remedies of any person relating to the Unit, and the full liability
of Delfield for any breach of this warranty, will be as provided
in this warranty.
Other than this Delfield Standard One Year Limited Warranty, any
applicable Delfield Additional Four Year Protection Plan or applicable
Delfield Service Labor Contract, the Original Purchaser agrees and
acknowledges that no other warranties are offered or provided in
connection with or for the unit or any other part thereof.
In no event will Delfield be liable for special, incidental or consequential
damages, or for damages in the nature of penalties.
IF DURING THE WARRANTY PERIOD, CUSTOMER USES A
PART FOR THIS DELFIELD EQUIPMENT OTHER THAN AN
UNMODIFIED NEW OR RECYCLED PART PURCHASED DIRECTLY
FROM DELFIELD OR ANY OF ITS AUTHORIZED SERVICE
CENTERS AND/OR THE PART BEING USED IS MODIFIED FROM
ITS ORIGINAL CONFIGURATION, THIS WARRANTY WILL BE
VOID. FURTHER, DELFIELD AND ITS AFFILIATES WILL NOT BE
LIABLE FOR ANY CLAIMS DAMAGES OR EXPENSES INCURRED
BY THE CUSTOMER WHICH ARISE DIRECTLY OR INDIRECTLY,
IN WHOLE OR IN PART, DUE TO THE INSTALLATION OF ANY
MODIFIED PART AND/OR PART RECEIVED FROM AN
UNAUTHORIZED SERVICE CENTER. If the warranty becomes
void, Customer may purchase from Delfield, if available, a
Service Agreement or service at the then current time and
materials rate.
For more information on Delfield warranty’s log on and check out the
service section of our web site at www.delfield.com.
