Merrychef eikon e6 - Manual (Page 62)

E2 SERVICE MANUAL REV D 09/12
62
LIMITED WARRANTY FOR COMMERCIAL PRODUCTS
LIMITED WARRANTY
Merrychef USA, (“Merrychef”) warrants this product to be free
from defects in material and workmanship for a period of one
(1) year from the date the product is installed or eighteen
months (18) months from the date of shipment from our facility,
whichever comes first.
During the warranty period, Merrychef shall, at Merrychef’s
option, repair or replace parts determined by Merrychef to be
defective in material or workmanship, and with respect to
services, shall re-perform any defective portion of said
services. The foregoing shall be the sole obligation of
Merrychef under this Limited Warranty with respect to the
equipment, products and services. With respect to equipment,
materials, parts and accessories manufactured by others,
Merrychef’s sole obligation shall be to use reasonable efforts to
obtain the full benefit of the manufacturer’s warranties.
Merrychef shall have no liability, whether in contract, tort,
negligence, or otherwise, with respect to non-Merrychef
manufactured products.
WHO IS COVERED
This Limited Warranty is available only to the original
purchaser of the product and is not transferable.
EXCLUSIONS FROM COVERAGE
• Repair or replacement of parts required because of misuse,
improper care or storage, negligence, alteration, accident, use
of incompatible supplies or lack of specified maintenance shall
be excluded
• Normal maintenance items, including but not limited to, light
bulbs, fuses, gaskets, door seals, O-rings, air filters, interior
and exterior finishes, lubrication, de-liming, broken glass, etc.
• Failures caused be erratic voltages
• Improper or unauthorized repair
• Changes in adjustment and calibration after ninety (90) days
from equipment installation date
• This Limited Warranty will not apply to any parts subject to
damage beyond the control of Merrychef, or to equipment
which has been subject to alteration, misuse or improper
installation, accidents, damage in shipment, fire, floods, power
changes, other hazards or acts of God that are beyond the
control of Merrychef.
• This Limited Warranty does not apply, and shall not cover any
products or equipment manufactured or sold by Merrychef
when such products or commercial equipment is installed or
used in a residential or non-commercial application.
Installations not within the applicable building or fire codes
render this Limited Warranty and any responsibility or
obligations associated therein null and void. This includes any
damage, costs or legal actions resulting from the installation of
any Merrychef commercial cooking equipment in a non-
commercial application or installation, where the equipment is
being used for applications other than those approved for by
Merrychef.
• If any product is cleaned without using an approved
Merrychef cleaning solution, this Limited Warranty shall
be voided.
LIMITATIONS OF LIABILITY
The preceding paragraphs set forth the exclusive remedy for
all claims based on failure of, or defect in, products or services
sold hereunder, whether the failure or defect arises before or
during the warranty period, and whether a claim, however
instituted, is based on contract, indemnity, warranty, tort
(including negligence), strict liability, implied by statute,
common-law or otherwise, and Merrychef its servants and
agents shall not be liable for any claims for personal injuries or
consequential damages or loss, howsoever caused. Upon the
expiration of the warranty period, all such liability shall
terminate. THE FOREGOING WARRANTIES ARE
EXCLUSIVE AND IN LEIU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY.
NO IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE SHALL APPLY,
MERRYCHEF DOES NOT WARRANT ANY PRODUCTS OR
SERVICES OF OTHERS.
REMEDIES
The liability of Merrychef for breach of any warranty obligation
hereunder is limited to: (i) the repair or replacement of the
equipment on which the liability is based, or with respect to
services, re-performance of the services; or (ii) at Merrychef’s
option, the refund of the amount paid for said equipment or
services.
Any breach by Merrychef with respect to any item or unit of
equipment or services shall be deemed a breach with respect
to that item or unit or service only.
WARRANTY CLAIM PROCEDURE
Customer shall be responsible to:
• Immediately advise the Dealer or Merrychef’s Authorized
Service Agent of the equipment serial number and the nature
of the problem.
• Verify the problem is a factory responsibility. Improper
installation or misuse of equipment, are not covered under this
Limited Warranty.
• Cooperate with the Service Agency so that warranty service
may be completed during normal working hours.
GOVERNING LAW
For equipment, products and services sold in the United States
this Limited Warranty shall be governed by the laws of the
state of Delaware, USA, excluding their conflicts of law
principles. The United Nations Convention on Contracts for
the International Sale of Goods is hereby excluded in its
entirety from application to this Limited Warranty.
Merrychef USA
1111 North Hadley Road
Fort Wayne, Indiana 46804
USA