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In addition to the Standard One Year Warranty on the Motor- Compressor contained in the above listed Delfield product (the “Unit”), The Delfield Company (“Delfield”) also agrees to repair, or exchange with similar or interchangeable parts in design and capacity at Delfield’s option, the defective Motor-Compressor contained in the Unit (the “Motor-Compressor), or any part thereof, for the Original Purchaser only, at any time during the four (4) years following the initial one (1) year period commencing on the date of installation for the Original Purchaser. Failure of the Original Purchaser to register the registration card containing the Original Purchasers name, address, date of installation, model number and serial number of the Unit containing the Motor-Compressor within 30 days from the date of installation shall void this warranty. This additional warranty is only available if the Motor-Compressor is inoperative due to defects in material or factory workmanship, as determined by Delfield in
its sole judgement and discretion. The Original Purchaser shall be responsible for returning the defective Motor-Compressor to Delfield prepaid, F.O.B. at the address shown on the back cover of this manual.
The term “Original Purchaser” as used herein means that person, firm, association, or corporation for whom the Unit was originally installed.
The term “Motor-Compressor” as used herein does not include unit base, air or water cooled condenser, receiver, electrical accessories such as relay, capacitors, refrigerant controls, or condenser fan/motor assembly. This warranty does not cover labor charges incidental to the replacement of parts. This warranty further does not include any equipment to which said condensing unit is connected, such as cooling coils, temperature controls or refrigerant metering devices. This warranty shall be void if the Motor-Compressor, in Delfield’s sole judgement, has been subjected to misuse, neglect, alteration
or accident, operated contrary to the recommendations specified by the Unit manufacturer, repaired or altered by anyone other than Delfield in any way so as, in Delfield’s sole judgment, to affect its quality or efficiency or if the serial number has been altered, defaced or removed. This Warranty does not apply to a Motor-Compressor in any Unit that has been moved from the location where it was originally installed. The addition of methyl chloride to the condensing unit or refrigeration system shall void this warranty.
General Conditions
Delfield shall not be liable in any manner for any default or delay in performance hereunder caused by or resulting from any contingency beyond Delfield’s control, including, but not limited to, war, governmental restrictions or restraints, strike, lockouts, injunctions, fire, flood, acts of nature, short or reduced supply of raw materials, or discontinuance of any part or the Motor- Compressor by the unit manufacturer.
Replacement of a defective Motor-Compressor is limited to one (1) Motor-Compressor by us during the four (4) year period. Delfield shall replace the Motor-Compressor at no charge.
This warranty does not give the Original Purchaser of the Motor- Compressor the right to purchase a complete replacement Motor- Compressor of the same make or of another make. It further does not permit the replacement to be made with a Motor-Compressor of another kind unless authorized by Delfield. In the event Delfield authorizes the Original Purchaser to purchase a replacement Motor-Compressor locally, only the wholesale cost of the Motor- Compressor is refundable.
Expressly excluded from this warranty are damages resulting from spoilage of goods.
Except as provided in any applicable Standard One Year Limited Warranty or applicable Service Labor Contract, the foregoing is exclusive and in lieu of all other warranties, whether written or oral, express or implied. This Warranty supersedes and excludes any prior oral or written representations or warranties. Delfield expressly disclaims any implied warranties of merchantability, fitness for a particular purpose or compliance with any law, treaty, rule or regulation relating to the Motor- Compressor, and the full liability of Delfield for any breach of this warranty, will be as provided in this warranty.
Other than any applicable Delfield Standard One year Limited Warranty, this Delfield Additional Four Year Protection Plan and any applicable Delfield Service Labor Contract, the Original Purchaser agrees and acknowledges that no other warranties are offered or provided in connection with or for the Motor-Compressor or any part thereof.
In no event will Delfield be liable for special, incidental or consequential damages, or for damages in the nature of penalties.