ITW Food Equipment Group LLC (“ITW FEG”) warrants new Hobart-branded products and certain other products sold by ITW FEG under other brand names whose specifications or other product documentation expressly reference this Warranty (collectively, the “Products”) to the original end-user of such Product (“Owner”) when installed within the United States, against defective material and workmanship for one (1) year from the date of original installation (the “Warranty Period”). In no event shall the Warranty Period commence later than 3 months from the date of initial delivery of the Product to the common carrier by ITW FEG unless otherwise agreed upon by ITW FEG in writing. ITW FEG will, as ITW FEG’s sole liability hereunder, and as the Owner’s exclusive remedy, during normal working hours, through one of its branches or authorized servicing outlets, repair or replace, at its option, including service and labor, all parts and/or components found to be defective and subject to this Warranty.
This Warranty is subject to reasonable travel limitations and costs as periodically updated by ITW FEG. Certain parts and components within the Products, expendable by nature and that need to be replaced frequently, are not covered by this Warranty. Any necessary repairs and/or replacements of these expendable parts are the Owner’s sole responsibility and cost.
This Warranty is conditioned upon ITW FEG receiving notice of any non-conformance subject to this Warranty within thirty (30) days of its discovery by Owner.
This Warranty does not apply to damage resulting from fire, water, burglary, accident, abuse, misuse, acts of God, attempted repairs or improper installation by unauthorized persons. Failure to follow use, care, or maintenance instructions in the Product’s Instruction Manual or in any other product documentation provided with the Product will automatically void this Warranty.
THIS WARRANTY EXCLUDES ALL ORAL, STATUTORY, EXPRESS OR IMPLIED WARRANTIES WHICH MAY BE APPLICABLE TO ITW FEG, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ITW FEG SHALL NOT BE LIABLE, AND OWNER WAIVES ALL CLAIMS AGAINST ITW FEG, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON ITW FEG’s NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. ITW FEG WILL NOT BE LIABLE TO OWNER FOR ANY LOSS, DAMAGE, OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE HANDLING, STORAGE, TRANSPORTATION, RESALE, OR USE OF ITS PRODUCTS. IN NO EVENT WILL ITW FEG’s LIABILITY UNDER THIS WARRANTY OR IN CONNECTION WITH ITS PRODUCTS OR SERVICES EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE. ITW FEG neither assumes nor authorizes anyone else to assume for it any obligation or liability in connection with the Product, its sale, operation, or use, other than as stated herein.
Excluded Warranty Service:
The following are not included in this Warranty, and ITW FEG shall have no obligation to Owner or anyone else for repair, replacement or refund with regard to any of the following. Should someone request, and ITW FEG choose to provide such, services, additional charges shall apply. If Owner requests replacement parts and/or repair services under this Warranty and ITW FEG determines that such request is not covered hereunder (or fits under one of the following exclusions), Owner agrees to pay ITW FEG (or its affiliates or subcontractors) for all reasonable fees incurred in connection therewith at ITW FEG’s (or such affiliate’s or subcontractor’s) standard rates and charges as in effect at that time.
- Expendable Parts. Parts and components that are expendable by nature or listed or referenced in any “Expendable Parts” table or list in any product documentation accompanying the Product are not covered by this Warranty, and any labor and/or travel charges related to the replacement of such parts are Owner’s responsibility.
- Expedited Parts. For necessary replacement parts that are not available with the service technician at the time a warranty service call is made, ITW FEG will acquire such parts through ground freight. Owner may request expedited parts at its cost through next-day air shipment.
- Accidental Damages. Calls resulting from physical damage by operators are not covered by this Warranty.
- Water Quality Related Damages. Calls resulting from damage due to improper water conditions are not covered by this Warranty. Failures due to not properly cleaning the unit are not covered by this Warranty. Failure of Owner to provide proper water quality or water pressure to the Product as required by Product’s specifications and/or Instructions Manual is not covered by this Warranty. Failure of Owner to maintain water treatment equipment is not covered by this Warranty.
- After Hours and Weekend Emergency Coverage. This Warranty provides for replacement parts and repair services during normal business hours with commercially reasonable response times by ITW FEG. Owner is responsible for all fees stemming from emergency Calls received by ITW FEG on weekends, holidays, or Monday through Friday, between 5pm-8am local time.
- Maintenance Inspections. Preventative or preemptive calls that identify potential service problems on a unit prior to occurrence are not covered by this Warranty.
- Supply Lines. Opening or closing of, supply lines, valves, or switching of electrical supply current is not covered by this Warranty.
- Adjustments. Adjustments to Product appearance requested by Owner are not covered by this Warranty.
- Customer Feature upgrades. Feature upgrades, including (nonmandatory) firmware, software, label format, or graphics, are not covered by this Warranty.
- Customer network. Customer network related issues for connected devices (when applicable) are not covered by this Warranty.
- Commercial Use Only. ITW FEG does not recommend or authorize the use of any Product in a non-commercial application, including, but not limited to, residential use. This Warranty does not apply to, and shall not cover, any Product that is installed or used in any way in any residential or non-commercial application. No warranties, express or implied, are provided to any residential, consumer or non-commercial purchaser or owner of the Products.
Hobart’s standard Warranty does not apply to Export Sales. Rather, for a period of one (1) year from date of original installation not to exceed eighteen (18) months from date of shipment from factory, Hobart:
- will replace, F.O.B. shipping point, shipping charges prepaid and add, any defective parts normally subject to warranty.
- will not cover the cost of any packing, freight, or labor; such costs being the sole responsibility of Dealer.
- There are no oral, statutory or implied warranties applicable to Hobart, including but not limited to any implied warranty of merchantability or fitness for any particular purpose which extend beyond the description on the face hereof.
- Dealer agrees to assume full responsibility for the installation and correction of Hobart products purchased for Export Sales, including all expenses.