Common use of Proper Maintenance and Operation Clause in Contracts

Proper Maintenance and Operation. The Equipment must be properly maintained and operated in accordance with Fagor’s maintenance and operating procedures. All service, labor and parts must be acquired from Fagor or its authorized service representative for the User’s area. • Minor Parts: No labor will be associated with the replacement of minor items such as, and not limited to, switches, pilot lights, gauges, fuses, etc. or replacement of wear items such as curtains, squeeze tubes, etc. • This warranty is void if failure is a direct result of handling and/or transportation, fire, water, accident, misuse, acts of god(s), attempted repair by unauthorized persons, improper installation, if serial number has been removed or altered, or if unit is used for purpose other than it was originally intended. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OF PERFORMANCE AND ANY IMPLED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICLULAR PURPOSE. NO OTHER WARRANTIES ARE AUTHORIZED ON BEHALF OF FAGOR UNLESS SPECIFICALLY ISSUED BY XXXXX. Fagor shall have no liability for incidental or consequential losses, damages including without limitation or expenses, loss of sales, spoiled food, profits or goodwill, claims whether or not on account of refrigeration failure or punitive or exemplary damages directly or indirectly arising from the sale, handling or use of the Equipment or from any other cause relating thereto, whether arising in contract, tort, warranty, strict liability or otherwise. Xxxxx’s liability hereunder in any case is expressly limited, at Xxxxx’s election, to repair or replacement of Equipment or parts therefore or to the repayment of, or crediting the user with, an amount equal to the purchase price of such goods. Terms & Conditions

Proper Maintenance and Operation. The Equipment must be properly maintained and operated in accordance with Fagor’s maintenance and operating procedures. All service, labor and parts must be acquired from Fagor or its authorized service representative for the User’s area. • Minor Parts: No labor will be associated with the replacement of minor items such as, and not limited to, switches, pilot lights, gauges, fuses, etc. or replacement of wear items such as curtains, squeeze tubes, etc. • This warranty is void if failure is a direct result of handling and/or transportation, fire, water, accident, misuse, acts of god(s), attempted repair by unauthorized persons, improper installation, if serial number has been removed or altered, or if unit is used for purpose other than it was originally intended. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OF PERFORMANCE AND ANY IMPLED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICLULAR PURPOSE. NO OTHER WARRANTIES ARE AUTHORIZED ON BEHALF OF FAGOR UNLESS SPECIFICALLY ISSUED BY XXXXX. Fagor shall have no liability for incidental or consequential losses, damages including without limitation or expenses, loss of sales, spoiled food, profits or goodwill, claims whether or not on account of refrigeration dishwashing failure or punitive or exemplary damages directly or indirectly arising from the sale, handling or use of the Equipment or from any other cause relating thereto, whether arising in contract, tort, warranty, strict liability or otherwise. Xxxxx’s liability hereunder in any case is expressly limited, at Xxxxx’s election, to repair or replacement of Equipment equipment or parts therefore or to the repayment of, or crediting the user with, an amount equal to the purchase price of such goods. Terms & Conditions