Fastcorp, LLC
DIVI Setup and Users Guide
Page
11
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62
Rev 6
ADEQUATE ASSURANCES.
Seller may, at any time, suspend performance of any order or require payment from Buyer in cash, security or other
adequate assurance satisfactory to Seller when, in Seller's sole opinion, the financial condition of Buyer or other
grounds for insecurity warrant such action.
TAXES.
Any tax which the Seller may be required to pay or collect, through assessment or otherwise, under any existing or
future law upon or with respect to the sale, purchase, delivery, transportation, storage, processing, use or
consumption of any goods or services provided by Seller to Buyer, including taxes upon or measured by the receipts
from sales or services, shall be for the account of Buyer and may be added to the price of goods or services purchased
by Buyer. Buyer shall promptly pay the amount thereof to Seller upon demand.
3.
LIMITED WARRANTY.
(A). Subject to the limitations specified herein, the DIVI Merchandiser manufactured by Seller is warranted for five
(5) years from the date of purchase against defective parts and workmanship for motors, vacuum motors and the
DIVI Merchandiser's freezer system consisting solely of the compressor, condenser, evaporator and the refrigerant
tubing is warranted for two (2) years from the date of purchase against defective parts and workmanship. Any part
or parts which are proven to be defective within the applicable warranty period will be repaired and/or replaced free
of charge, provided that, (i) the return of such part or parts is authorized in writing by Seller's Warranty Department
(the "Return Authorization"), and (ii) the defective part and a copy of the Return Authorization is returned with
transportation charges prepaid to the destination designated by Seller's Warranty Department. All labor charges shall
be for the account of Buyer. (iii) Items including but not limited too normal wear, i.e. rollers, hoses, gears are
warrantee for two (2) years from date of purchase.
(B). The warranties provided pursuant to Section 7(A) apply only to the original purchaser of the DIVI Merchandiser
and are null and void if the DIVI Merchandiser is sold during the period of warranty.
(C). Notwithstanding anything contained herein to the contrary, the limited warranties provided for herein do not
apply to: (i) electrical components, wiring, or circuits and/or for all mechanical parts or assemblies damaged as a
result of operating the DIVI Merchandiser at other than 115 volts, 60 Hertz current; (ii) incandescent lamps, neon
lamps, fluorescent lamps, ballasts, starters, bins and associated components, graphics or other expendable items; (iii)
when other manufactured components are installed by Buyer in the DIVI Merchandiser; and (iv) coin mechanisms,
bill validators, currency systems, telemetry systems, cashless payment systems, debit card readers, and other
accessories not manufactured by Seller installed at Buyer’s request.
(D). Seller is not responsible for any cost of service rendered or repairs made by buyer or its agents on merchandise
or parts unless authorization to incur expense has been given in writing by Seller prior to incurring such expense.
(E). Seller shall not be liable to Buyer under this warranty if Seller determines that the defect was caused by misuse,
abuse, vandalism, improper application, improper operation, improper maintenance, alteration, repair or
modification, negligence or use, casualty, fire, flood, storage, handling or any other cause beyond the control of
Seller.
(F). THE WARRANTIES PROVIDED FOR UNDER THIS SECTION 7 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, OBLIGATIONS OR LIABILITIES. SELLER EXPRESSLY DISCLAIMS AND BUYER HEREBY WAIVES ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE BUYER ACKNOWLEDGES AND AGREES THAT NO OTHER
REPRESENTATIONS OR WARRANTIES WERE MADE TO OR RELIED UPON BY BUYER WITH RESPECT TO THE QUALITY
AND FUNCTION OF THE GOODS SOLD HEREIN. SELLER DOES NOT AUTHORIZE ANY PERSON, COMPANY OR ENTITY
WHATSOEVER TO ASSUME FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE OF SAID
EQUIPMENT OR ANY PART THEREOF.
Содержание DIVI
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