Warranty Policy
The products which PARTSONE1 manufacture are warranted to:
(i) be free from defects in materials and workmanship; and
(ii) perform in all material respects in accordance with applicable refrigeration standards as of the date of manufacture for a period of 12 months from the date and place of shipment, provided that the installation and maintenance of such products have been performed strictly in accordance with PARTSONE1 designated specifications (the “Warranty”).
The 12 month warranty shall not apply:
(i) to any unit or any part thereof which has been subject to accident, alteration, negligence, misuse or abuse, operation on improper voltage, or which has not been operated in accordance with the manufacturer’s recommendation, or if the serial number on the unit has been altered, defaced or removed;
(ii) when the unit, or any part thereof, is damaged by fire, flood, or other act of God;
(iii) outside the continental United States;
(iv) to labor costs for replacement of parts, or for freight, shipping expenses, sales tax or upgrading.
A new or rebuilt part to replace any defective part will be provided without charge, provided the defective part is returned to PARTSONE1 . The replacement part assumes the unused portion of the warranty. This warranty does not include labor or other costs incurred for repairing, removing, installing, servicing, or handling of either defective parts or replacement parts.
The extent of PARTSONE1 liability under the Warranty is limited to the repair or replacement, at PARTSONE1 option, of any non-conforming products without charge. PARTSONE1 shall not be liable under any circumstances for any consequential damages, including loss of profit, additional labor costs, loss of refrigerant or food products, or injury to personnel or property caused by defective material or parts or for any delay in its performance hereunder due to causes beyond its control. The foregoing shall constitute the sole and exclusive remedy of any purchases and the sole and exclusive liability of PARTSONE1 in connection with this product.
PARTSONE1 is not liable for repairing or replacing parts manufactured by other vendors. For non- PARTSONE1 manufactured parts, the Buyer is responsible for making claims on a defective product through the respective product manufacturer. However, PARTSONE1 offers extended vendor warranties on select parts. Select extended warranties cover only the cost of the part repair. Select extended warranties do not cover the cost of freight, shipping expenses, labor costs, or other expenses.
In order to submit a warranty request, the buyer must provide PARTSONE1 with a Purchase Order Number (PO) or the PARTSONE1 order number from the original purchase. Buyer needs to also have case serial number and model number when ordering a replacement part for a PARTSONE1 case under warranty. PARTSONE1 reserves the right to change its warranty provisions at its sole discretion at any time with or without prior notification of such change.
Partsone1 makes no other warranties, express or implied, to buyer, its customers or any users of the product except as herein stated, and partsone1 expressly disclaims and excludes all warranties whether statutory, express or implied, including all warranties which, but for this provision, might arise from course of dealing, custom or trade and including, but not limited to, the implied warranties of merchantability of the products, fitness for any particular use or purpose and non-infringement.
No Warranty for Non-Standard Products
A “Non-Standard Product” is any product that is different in any manner from any PARTSONE1 product that has been previously designed and manufactured by PARTSONE1 in accordance with its standard specifications. A Non-Standard Product also includes any standard PARTSONE1 product that has been specially designed or modified to meet a particular Buyer specification, or that contains any additional or substituted product, part, accessory, equipment, fixture, component or material, or that has been assembled, manufactured, produced, or installed by any method or process, which is different from PARTSONE1 standard specifications for such product.
PARTSONE1 expressly disclaims and make no warranties, express or implied, as to the condition, design, utility, quality, adequacy, or capacity with respect to any standard or Non-Standard Product, including, without limitation, any warranty of merchantability or fitness of such product for a particular purpose or intended use, whether or not such product has been designated by PARTSONE1 as a Non-Standard Product.
All Non-Standard Products, whether sold separately, or incorporated and/or attached to standard PARTSONE1 products, and all services relating to such products, are sold to and accepted by Buyer “as is” and “with all faults”. Without limiting any other provision of this purchase order, PARTSONE1 shall have no liability to Buyer for any claim, loss, damage, consequential damages or expense associated with any Non-Standard Product and/or its use or operation, or any other equipment or property of Buyer caused by or alleged to be caused by any such product or its use or operation, whether directly, indirectly, incidentally or consequentially, or by any inadequacy thereof or deficiency or defect therein.
The foregoing exclusion of warranty cannot be modified or waived except as expressly set forth in a writing signed by an officer of PARTSONE1 authorized to make such modification or waiver.
Limitation of Liability
Partsone1 shall not be responsible for indirect, special, incidental, consequential or punitive damages including but not limited to injury to persons or property, loss of profits, loss of business, loss of use, or other economic loss. Buyer agrees that partsone1 entire liability, and buyer’s exclusive remedy, in law and equity or otherwise, with respect to any work performed or provided by partsone1 under this agreement is solely limited to the amount paid by buyer for the product to which the applicable claim relates. In no event shall partsone1 be liable to buyer for losses the extent that a claim arises out of (i) any modification of parts or products other than by partsone1, (ii) any combination of the parts or products with materials not provided by partsone1, or (iii) partsone1 compliance with buyer’s specifications.
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1 PartsOne is a brand of Dover Food Retail that carries spare parts to support a comprehensive equipment portfolio of our brands, which include Hillphoenix, Anthony, Tyler and Barker.