60
Consolidated Product Warranty—Trays and Traytop Ware Products
WARRANTY SCOPE
These Warranties cover the following Dinex International, Inc. (“Dinex”) products (the “Warranted Products”):
• Insulated Traytop Ware
• Insulated Domes, Bases and
Underliners
• Induction Base Products
• Convection Rethermalization
Ware
• Beverage Servers
• Washracks
• Trays
• Insulated Tray Systems
• Reusable Dishware and Tumbler Products
• High Heat Reusable Plastic Dishware
Warranted Products also includes any other trays or traytop ware products identified on Dinex’s 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 traytop ware products will fit Dinex® brand Disposable Lids.
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 one (1) year warranty for the 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 AND 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
To Next Page
Loading...
