MIDDLEBY MARSHALL
NO QUIBBLE LIMITED WARRANTY
(U.S.A. ONLY)
MIDDLEBY MARSHALL, HEREINAFTER REFERRED TO AS “THE SELLER”, WARRANTS EQUIPMENT MANUFAC- TURED BY IT TO BE FREE FROM DEFECTS IN MATE- RIAL AND WORKMANSHIP FOR WHICH IT IS RESPON- SIBLE. THE SELLER’S OBLIGATION UNDER THIS WAR- RANTY SHALL BE LIMITED TO REPLACING OR REPAIR- ING, AT SELLER’S OPTION, WITHOUT CHARGE, ANY PART FOUND TO BE DEFECTIVE AND ANY LABOR AND MATERIAL EXPENSE INCURRED BY SELLER IN REPAIR- ING OR REPLACING SUCH PART. SUCH WARRANTY SHALL BE LIMITED TO THE ORIGINAL PURCHASER ONLY AND SHALL BE EFFECTIVE FOR A PERIOD OF ONE YEAR FROM DATE OF ORIGINAL INSTALLATION, OR 18 MONTHS FROM DATE OF PURCHASE, WHICHEVER IS EARLIER, PROVIDED THAT TERMS OF PAYMENT HAVE BEEN FULLY MET.
This warranty is valid only if the equipment is installed, started, and demonstrated under the supervision of a factory-autho- rized installer.
Normal maintenance functions, including lubrication, clean- ing, or customer abuse, are not covered by this no quibble warranty.
Seller shall be responsible only for repairs or replacements of defective parts performed by Seller’s authorized service personnel. Authorized service agencies are located in prin- cipal cities throughout the contiguous United States, Alaska, and Hawaii. This warranty is valid in the 50 United States and is void elsewhere unless the product is purchased through Middleby International with warranty included.
The foregoing warranty is exclusive and in lieu of all other warranties, expressed or implied. There are no implied warranties of merchantability or of fitness for a particu- lar purpose.
The foregoing shall be Seller’s sole and exclusive obligation and Buyer’s sole and exclusive remedy for any action, in- cluding breach of contract or negligence. In no event shall Seller be liable for a sum in excess of the purchase price of the item. Seller shall not be liable for any prospective or lost profits of Buyer.
This warranty is effective on Middleby Marshall equip- ment sold on, or after, February 15, 1995.
MIDDLEBY MARSHALL INC. OVEN LIMITED WARRANTY (Non U.S.A.)
The Seller warrants equipment manufactured by it to be free from defects in material and workmanship for which it is responsible. The Seller’s obligation under this warranty shall be limited to replacing or repairing, at Seller’s option, without charge, F.O.B. Seller’s factory, any part found to be defective and any labor and material expense incurred by Seller in repairing or replacing such part. Such warranty is limited to a period of one year from date of original installation or 15 months from date of shipment from Seller’s factory, whichever is earlier, provided that terms of payment have been fully met. All labor shall be performed during regular working hours. Overtime premium will be charged to the Buyer.
This warranty is not valid unless equipment is installed, started, and demonstrated under the supervision of a factory-autho- rized installer.
Normal maintenance functions, including lubrication, adjustment of airflow, thermostats, door mechanisms, microswitches, burners and pilot burners, and replacement of light bulbs, fuses and indicating lights, are not covered by warranty.
Any repairs or replacements of defective parts shall be performed by Seller’s authorized service personnel. Seller shall not be respon- sible for any costs incurred if the work is performed by other than Seller’s authorized service personnel.
When returning any part under warranty, the part must be intact and complete, without evidence of misuse or abuse, freight prepaid.
Seller shall not be liable for consequential damages of any kind which occur during the course of installation of equipment, or which result from the use or misuse by Buyer, its employees or others of the equipment supplied hereunder, and Buyer’s sole and exclusive remedy against Seller for any breach of the foregoing warranty or otherwise shall be for the repair or replacement of the equipment or parts thereof affected by such breach.
The foregoing warranty shall be valid and binding upon Seller if and only if Buyer loads, operates and maintains the equipment supplied hereunder in accordance with the instruction manual provided to Buyer. Seller does not guarantee the process of manufacture by Buyer or the quality of product to be produced by the equipment supplied hereunder and Seller shall not be liable for any prospective or lost profits of Buyer.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSO- EVER. SPECIFICALLY THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
The foregoing shall be Seller’s sole and exclusive obligation and Buyer’s sole and exclusive remedy for any action, whether in breach of contract or negligence. In no event shall seller be liable for a sum in excess of the purchase price of the item.
