Vollrath F144 User Manual download pdf (Page 29)

January 30, 2003

721-013, Rev. 0

File: Policy Manual/Warranty softserve1

WARRANTY

SOFT SERVE / SHAKE FREEZERS

1. Scope:

Stoelting, LLC warrants to the first user (the “Buyer”) that the freezer cylinders, hoppers, compressors, drive

motors, speed reducers, augers and auger flights of Stoelting soft serve / shake freezers will be free from defects

in materials and workmanship under normal use and proper maintenance appearing within five (5) years, and that

all other components of such equipment manufactured by Stoelting will be free from defects in material and

workmanship under normal use and proper maintenance appearing within twelve (12) months after the date that

such equipment is originally installed.

2. Disclaimer of Other Warranties:

THIS WARRANTY IS EXCLUSIVE; AND STOELTING HEREBY DISCLAIMS ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR

PURPOSE.

3. Remedies:

Stoelting’s sole obligations, and Buyer’s sole remedies, for any breach of this warranty shall be the repair or (at

Stoelting’s option) replacement of the affected component at Stoelting’s plant in Kiel, Wisconsin, or (again, at

Stoelting’s option) refund of the purchase price of the affected equipment, and, during the first twelve (12)

months of the warranty period, deinstallation/reinstallation of the affected component from/into the equipment.

Those obligations/remedies are subject to the conditions that Buyer (a) signs and returns to Stoelting, upon

installation, the Checklist/Warranty Registration Card for the affected equipment, (b) gives Stoelting prompt

written notice of any claimed breach of warranty within the applicable warranty period, and (c) delivers the

affected equipment to Stoelting or its designated service location, in its original packaging/crating, also within

that period. Buyer shall bear the cost and risk of shipping to and from Stoelting’s plant or designated service

location.

4. Exclusions and Limitations:

This warranty does not extend to parts, sometimes called “wear parts”, which are generally expected to

deteriorate and to require replacement as equipment is used, including as examples but not intended to be limited

to o-rings, auger seals, auger support bushings and drive belts. All such parts are sold

AS IS.

Further, Stoelting shall not be responsible to provide any remedy under this warranty with respect to any

component that fails by reason of negligence, abnormal use, misuse or abuse, use with parts or equipment not

manufactured or supplied by Stoelting, or damage in transit.

THE REMEDIES SET FORTH IN THIS WARRANTY SHALL BE THE SOLE LIABILITY

STOELTING AND THE EXCLUSIVE REMEDY OF BUYER WITH RESPECT TO

EQUIPMENT SUPPLIED BY STOELTING; AND IN NO EVENT SHALL STOELTING BE

LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FOR

BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR

OTHER TORT, OR ON ANY STRICT LIABILITY THEORY.

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Vollrath F144 User Manual Page 29