DINEX INTERNATIONAL, INC. 628-2 HEBRON AVENUE,GLASTONBURY CT 06033 • 1.800.523.9752
WWW.DINEX.COM
Printed in USA
Page 8
DINEX Warranty
These Warranties cover the following Dinex International, Inc.(“Dinex”)
equipment prod u cts (the“Warranted Produ c t s”):
• Rethe r malization Equipment Prod ucts
• Induction Heating System Prod u cts (excluding Induction Bases
covered under separate warranty)
• Milk Cooler Prod uct s
• Ice Cream Freezer Produc ts
• Air Cu rtain Refrige rator Produc ts
• Blast Chiller Products
• Hot/Cold Food Counter Products
• Plate,Rack and Tray Dispenser Produc ts
• Plate He ater Products
• Base Heater Prod u cts
• Drying and Storage Rack Produ cts
• Starter Station Produ cts
• Conveyer Products
• Tray and Other Ca rt Produ cts
Warranted Products also includes any other Equipment System Produc ts
identified on Dinex’s website (www.dinex.com) from time to time.
Standard Warranty. Except as indicated otherwise below, Dinex war-
rants that the Warranted Products will be free from defects in title,
ma terial and workmanship under normal use and service and will per-
form substantially in accordance with Dinex’s written technical specifi -
cations for the Warranted Products (as such specifications exist on the
date the Warranted Products are shipped) (the“Product Specifications”).
This warranty covers both parts and labor and is available only to end-
users (the“Customers”) that purchase the Warranted Products from
Dinex or its authorized distributors.For the purpose of these warranties,
a defect is determined by Dinex after its good faith investigation.
Dinex Sof tware. In addition to the other warranties set fo rth herein,
with respect to Dinex’s licensed software, Dinex warrants that it has the
right to license or sublicense the software to Customer for the purposes
and subject to the terms and conditions set fo rth in Dinex’s standard
terms and condi tions.
Supplies and Accessories.Dinex’s warran ty for its supplies and acces-
sor ies that are shipped with Warranted Prod u cts is covered by a sepa-
rate warranty statement,which is available at www.dinex.com.
Servi ces.Dinex warrants that any service it provides to Customer will
be pe r formed by trained individuals in a workmanlike manner.
DURATION
Dinex provides a one year warranty for the Warranted Products.The war-
ranty period begins on the date the Warranted Products are shipped to
Cus tomer.The warranty perio d for any Wa r ranted Produc t or part fur-
nished to correct a warranty failure will be the unexpired term of the
warranty applicable to the repair ed or replaced Wa r ranted Product.
REMEDIES
If Customer promptly notifies Dinex of Cu sto me r’s warranty claim and
mak es the Warranted Prod u ctavailable for servi ce, Dinex will,at its
option, either repair or replace (with new or exchange replacement
pa r ts) the non-conforming Warranted Prod u ctor parts of the
Warranted Product. With resp ec t to Dinex’s licensed software, Dinex
will, at its option,either corre ct the non-conformity or replace the
applicable licensed software.Warranty service will be pe r formed with-
out charge from 8:00 a.m.to 5:00 p.m. EST, Monday -Friday, excluding
Dinex holidays, and outside those hours at Din ex’s then prevailing ser-
vice rates and subject to the availabilit y of personnel. With respe ct to
Dinex’s warranty for the serv ices it provides to Customer,Custom er’s
exclusive remedy shall be the re-pe rformance of the services by Dinex.
The foregoing remedies are Custom er’s exclusive remedies and Dinex’s
sole liability for warranty claims under this warranty statement. This
exclusive remedy shall not have failed of its essential purpose (as that
te r m is used in the Uniform Commercial Code) as long as Dine x
remains willing to repair or rep lace defect ive War ranted Products with-
in a commercially reasonable time after being notified of Custo m e r’s
warranty claim.
LIMITATIONS
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WAR-
RANTI ES, WHETHER WRI T TEN, ORAL, EXPRESSED,IMPLIED OR STATUTO-
RY.EXCEPT AS PROVIDED HEREIN,NO EXPRESS OR IMPLIED WAR-
RANTI ES, INCLUDING BUT NOT LIMITEDTO IMPLIED WARRANTIES OF
MERCHANTABILI T Y,FITNESS FOR A PARTICULAR PURPOSE,QUIET
ENJOYMENT,SYSTEM INTEGRATION AND DATA ACCURACY,WILL
APPLY.THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE
DESCRIBED IN THIS DOCUMENT AND NO PRIOR STATEMENTS BY ANY
OF DINEX’S REPRESENTATIVES SHALL MODIFY OR EXPAND THESE
WARR ANTIES. DINEX AND DINEX’S AFFILIATES AND REPRESENTATIVES
SHALL HAVE NO LIABILITY TO CUSTOMER FOR (1) ANY SPECIAL,PUNI-
TIVE,INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE WARRANTED PRODUCTS,
REGARDLESS OF WHETHER SUCH LIABILITY SHALL BE CLAIMED IN
CONTRAC T,TO R T, EQ UIT Y OR OTHE RW IS E, (2) ANY ASSISTANCE NOT
REQUIRED UNDER DINEX’S QUOTATION OR (3) ANYTHING OCCURRING
AFTER THE WARRANT Y PERIOD ENDS.
DINEX’S STANDARD WARRANTIES ONLY APPLY TO END-USER-PUR-
CHASERS LOCATED IN THE UNITED STATES AND CANADA. ANY SALE TO
END-USER-PURCHASERS OUTSIDE THE UNITED STATES AND CANADA
WILL BE SUBJECT TO COMMERCIAL TERMS SPECIFICALLY AGREED BY
DINEX AND THE END-USER PURCHASER. DINEX MAKES NO WARRA NT Y,
EXPRESS OR IMPLIED,TO END-USER-PURCHASERS OUTSIDE THE UNITED
STATES OR CANADA UNLESS OTHER WISE EXPRESSLY AGREED IN WRI TING.
These warranties do not apply to, and Dinex shall not have any obliga-
tion to Customer hereunder with res pect to, any warran ty claim result-
ing from or arising out of: (i) normal wear and te a r;(ii) damage caused
by shipping or accident; (iii) damage caused by improper installation,
repair or alteration not per formed by Dinex; (iv) the use of the
Warranted Product in combi nation with any software,too ls,hardware,
equipment,supplies,accessories or any other materials or services,not
furnished by Dinex or recommended in writing by Dinex; (v) the use of
the Warranted Prod uc t in a manner or environment, or for any pur-
pose,for which Dinex did not design or license it,or inconsi stent with
Dinex’s recommendations or instructions on use including, but not lim-
ited to,power supply requirements identified in Produc t Speci ficatio ns;
(vi) any alteration, modification or enhancement of the Warrante d
Product by Customer or any third party not authorized or approved in
wr iting by Dinex ; (vii) Warranted Prod uc t manufactured to meet cus-
tomer specif ications or designs;or (viii) any accessor ies or supplies or
other equipment or products that may be delivered with the
Warranted Product.
In addition, these warranties do not cove r:(i) Any defe ct or deficiency
(including failure to conform to Produc t Specifications) that results,in
whole or in part,from any improp er storage or handling, f ailure to
maintain the Warran ted Products in the manner described in any
applicable instruc tions or specifications,inadequate back-up or virus
prote ction or any cause external to the Warranted Prod u cts or beyond
Dinex’s reasonable control, including, but not limited to, power failure
and failure to keep Custo m e r’s site clean and free of dust,sand and
other particles or debris; (ii) the payment or reimb ursement of any
facility costs arising from repair or replacement of the Warrante d
Products; (iii) any adjustment,such as alignment,calibration, or other
nor mal preventative maintenance required of Customer; and (iv)
exp endable supply items.
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