Merrychef 402s - Manual (Page 2)

2
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
112305
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.
LIMITED WARRANTY FOR COMMERCIAL PRODUCTS