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Consolidated Product Warranty—Disposable Products
WARRANTY SCOPE
These Warranties cover the following Dinex International, Inc. (“Dinex”) products (the “Warranted Products”):
• Dinex® Brand Disposable Lids
• Dinex® Generic Disposable Lis
• High Heat Disposable Dishware
• Perfect Temp® Disposable Dishware
• Disposable Dishware
• Tray Covers and Placemats
• Napkins
• Menu Forms
• Dietary Meal Kits
Warranted Products also includes any other lids, disposable dishware, diet meal kits and decorator paper products identified
on the Dinex website (www.dinex.com
) from time to time.
Standard Warranty. Except as indicated otherwise below, Dinex warrants that the Warranted Products will be free from
defects in title, material and workmanship under normal use and shall substantially conform to Dinex’s written specifications
for the Warranted Product (as such specifications exist on the date Warranted Products are shipped) (the “Product
Specifications”). In addition,
Dinex warrants that Dinex® brand Disposable Lids will fit Dinex® brand traytop ware products.
This warranty 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.
Supplies, Accessories and Related Products. Dinex’s warranty for its supplies, accessories or related products to the
Warranted Products is covered by a separate warranty statement, which is available at www.dinex.com
.
DURATION
Dinex provides a six (6) month warranty for all Warranted Products. The warranty period begins on the date the Warranted
Products are shipped to Customer. The warranty period for any Warranted Product or part furnished to correct a warranty
failure will be the unexpired term of the warranty applicable to the repaired or replaced Warranted Product.
REMEDIES
If Customer promptly notifies Dinex of Customer’s warranty claim, Dinex will replace the defective or non-conforming
Warranted Products. The foregoing remedy is Customer’s exclusive remedy 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 term is used in the
Uniform Commercial Code) as long as Dinex remains willing to replace the defective or non-confirming Warranted Products
within a commercially reasonable time after being notified of Customer’s warranty claim.
LIMITATIONS
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN,
ORAL, EXPRESSED, IMPLIED OR STATUTORY. EXCEPT AS PROVIDED HEREIN, NO EXPRESS OR IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, 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 WARRANTIES. DINEX AND
DINEX’S AFFILIATES AND REPRESENTATIVES SHALL HAVE NO LIABILITY TO
CUSTOMER FOR (1) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
WARRANTED PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILITY SHALL BE
CLAIMED IN CONTRACT, TORT, EQUITY OR OTHERWISE, (2) ANY ASSISTANCE NOT
REQUIRED UNDER DINEX’S QUOTATION OR (3) ANYTHING OCCURRING AFTER THE
WARRANTY PERIOD ENDS.
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