Custom Food Processing Equipment and Systems



WARRANTY (New Equipment)

Seller warrants the Seller’s Machine (“machine”) described in the specifications incorporated in this contract to be free from defects in material and workmanship under normal use and service for which it was intended if, but only if, it has been properly installed and operated. Should any machine, or part(s) thereof, be found defective, Seller will replace or repair, free of charge, any defective part(s) of the machine manufactured by Seller, provided Seller is notified not later than 270 days after the date the machine is first operated or one year after the date of completion of manufacture, whichever comes first. At Seller’s sole discretion, it will conduct the repair work at Purchaser’s place of business or return the defective machine to the factory for repair. Purchaser must notify Seller by registered or certified mail, return receipt requested, of any breach of warranty within 30 days after discovery thereof, but in no instance later than the guarantee period set forth above. Failure to so notify Seller within the prescribed period of time shall be deemed a waiver by the Purchaser. Except in an emergency, no allowance will be granted for any repairs or alterations made by Purchaser without Seller’s prior written consent. Seller does not warrant this machine to meet the requirements of any safety code of any federal, state, municipality, or other governmental agency, and Purchaser assumes all risk and liability whatsoever resulting from the use or nonconformance thereto, whether the machine is used singly, or in combination with other equipment or apparatus.

Exclusions: This warranty shall not apply to any machine, or parts thereof, which has been repaired or altered by anyone, without Seller’s written consent, outside Seller’s factory or altered in any way so as, in the sole judgment of Seller, to adversely affect the stability or reliability of the Seller’s machine, or has been subject to misuse, negligence, or accident, or has not been operated in accordance with Seller’s printed instructions or has been operated under conditions more severe than, or otherwise exceeding, those set forth in the specifications for such machine. Further, this warranty shall not cover, nor be deemed to cover maintenance parts, including, but not limited to, hydraulic oil, filters, teeth and cutters for which Seller shall have no responsibility or liability whatsoever. Component parts of the machine that are not manufactured by Seller, such as engines, pumps, valves, electric motors, bearings, chains, etc., are not covered by this warranty and will carry only the warranty of the original equipment manufacturer

Disclaimer of Other Warranties: THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOT SET FORTH IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.

Limitations of Liability: SELLER’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PART(S) MANUFACTURED BY SELLER IN ACCORDANCE WITH THE ABOVE STATED WARRANTY. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OR LOSS OF USE OF THE MACHINE. INCLUDING, BUT NOT LIMITED TO THE PURCHASER’S EXPENSES FOR DOWNTIME OR FOR MAKING UP DOWNTIME AND DAMAGES FOR WHICH THE PURCHASER MAY BE LIABLE TO OTHER PERSONS. SELLER NEITHER ASSUMES, NOR AUTHORIZES, ANY PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE SELLER’S MACHINE, AND THERE ARE NOT ORAL AGREEMENTS OF WARRANTIES COLLATERAL TO OR AFFECTING THIS AGREEMENT.

Notwithstanding the generality of the foregoing provisions, Seller’s officers, its chief engineer, or any field engineer, may agree to repair or replace any part, the cost of which does not exceed $2500. Such agreement to repair or replace is not enforceable against Seller unless it is made in writing by an authorized employee of Seller as set forth above. An agreement to repair or replace as described in this paragraph shall not constitute an admission of liability by Seller.