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SFWARR-013
Revision 04
Page 1 of 1
DOMESTIC WARRANTY
(Including Mexico)
SOFT SERVE / SHAKE EQUIPMENT
1.
Scope :
PW Stoelting, L.L.C.
(“Stoelting”) warrants to the first user (the “Buyer”) that the freezing cylinders,
hoppers, compressors, drive motors, speed reducers, and augers of Stoelting soft serve / shake
equipment 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 Start-Up and Training
Checklist 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 flights, 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.