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Warranties and Remedies
A . Warranty . Seller warrants to Buyer that it holds and will pass marketable title to the commercial gas
connectors sold hereunder . Seller further warrants to Buyer that Seller’s commercial gas connector
will be free from defects in material and workmanship causing gas leakage for a period of five (5)
years from tender of delivery to buyer . Seller warrants to Buyer that the items and components
manufactured by Seller other than commercial gas connectors will be free from defects in material
and workmanship for a period of five (5) years from tender of delivery to Buyer . For items not man-
ufactured by Seller, the only warranty extended is that of the manufacturer or suppliers, if any .
B . Exclusions and Conditions . Seller’s obligations with respect to the express warranties and rem-
edies contained herein are conditioned on the following: (i) Seller’s liability and Buyer’s exclusive
remedy is expressly limited to Seller’s replacement of the defective gas connector or other goods
at Seller’s cost (excluding labor and freight); it being understood such replacement will be made
only upon return of the defective item in accordance with Seller’s shipping instructions and return
authorization and subject to Seller’s inspection; (ii) Buyer shall not assign its rights under these
express warranties and any attempted assignment shall render such warranties, but not any
disclaimers or limitations, void and the goods shall be sold AS IS; and (iii) all commercial gas
connectors and other goods shall be carefully inspected for damage by Buyer upon receipt, be
installed by individuals trained and certified as professionals with respect to such installation, and
be installed, used, repaired and maintained by Buyer in accordance with local codes or regula-
tions, standards set by American National Standard Institute and/or American Gas Association
Standards . The commercial gas connectors and other goods shall be warranted in conjunction
with the original installation only and the express warranties and remedies contained herein shall
not apply to, and shall be void and of no further force or effect upon, damage and/or failure of
the commercial gas connectors and other goods caused by or resulting from shipping; improper
or unauthorized handling, installation, alteration or repair; misuse, abuse or other occurrences or
conditions other than normal use thereof; application or conformity to local codes or regulations
not previously made known to Seller; or accident or other casualty .
Disclaimer of Implied Warranties Seller gives no warranties except those expressly contained
herein. Seller disclaims all other warranties implied by law, usage of the trade, course of dealing
or course of performance including, but not limited to, the implied warranties of merchantability
and fitness for a particular purpose.
Conditions
Limitations of Liability
The following limitations of Seller’s liability are acknowledged by the parties to be fair and reasonable
and shall apply to any act or omission hereunder, and to any breach of this contract of which these
terms and conditions form a part .
Disclaimer of Damages
In no event shall seller be liable for special, indirect, consequential or incidental damages,
whether arising under contract, warranty, tort, negligence, strict liability or any other theory of
liability . Such damages include but are not limited to loss of profits, loss of use of the goods,
damage to property, and claims of third parties . Some states do not allow the exclusion or
limitation of incidental or consequential damages, or any limitations on how long an implied
warranty lasts, so the above exclusion or limitation may not apply to you . This warranty gives
you specific legal rights, and you may also have other rights which vary from state to state .
Notice and Time of Claim
(i) Buyer agrees to check and inspect all products against shipping papers and for damage or short-
age upon receipt of goods at destination; (ii) Every claim for loss, damage in transit, or other cause
visible upon inspection shall be made with carrier . Claims for shortage must be made within five (5)
days of receipt; (iii) The parties expressly waive the statute of limitations and agree that any legal
proceeding for any breach of this contract shall be waived unless held within two (2) years after the
accrual of the cause of action therefor .
Dormont Engineering Support
The Dormont Engineering team is available to help with the design and layout of foodservice equip-
ment installations . We can design the proper gas connection to work with your equipment and
kitchen requirements . Dormont has worked with consultants, national chains, and equipment man-
ufacturers to solve tough gas installations problems . CAD drawings are just a few examples of the
kind of technical support we can provide . Contact one of our Customer Service Specialists at 1-800-
367-6668 for details .
Limited Lifetime Warranty
