Ankarsrum, Inc., a Delaware corporation with registered office located at 251 Little Falls Drive, Wilmington, DE 19808 (“SELLER”), warrants that the equipment and equipment parts sold by SELLER (the “Product” or “Products”) and sold or provided to the first end user (“BUYER”) are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of origin at the time of production and shall, subject to the limitations and exclusions set forth below, be free from defects in design, material, and workmanship.
1. INSTALLATION, PAYMENT AND MAINTENANCE REQUIREMENTS
This Limited Warranty applies only if the Product is used properly and is operated in accordance with SELLER’s instruction and manual guides, as furnished to BUYER at the time of purchase and which can be updated from time to time to include improvements to the Product.
2. PROCEDURE FOR OBTAINING WARRANTY SERVICE
For the Limited Warranty to apply, BUYER must completely fill out and deliver to SELLER a warranty claim fully describing the alleged defects or failures of the Product, including photographs where applicable, via telephone (770-516-0577), email ([email protected]) or any other appropriate means of communication, and original proof of purchase within the Warranty Period (defined in Section 4) and within fifteen (15) calendar days of the date BUYER discovered the alleged defect.
3. WARRANTY SERVICES PROVIDED
If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either repairing or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials.
4. WARRANTY PERIOD
Limited Warranty of the Product applies for seven (7) years from the date the Product is sold to BUYER (the “Warranty Period”). The Warranty Period shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend, revive or transfer this Limited Warranty without the prior written consent of SELLER.
5. EXCLUSIONS FROM WARRANTY
The following is not included under this Limited Warranty:
1. Scratches, dents, marks or other visible surface wear on the Product, unless SELLER is notified as soon as the Product is received by BUYER;
2. Normal wear and tear from everyday use;
3. Wear parts or accessories, including, but not limited to: Stainless Steel Bowl, Dough Hook, Dough Roller, Dough Knife, Scraper, Plastic Beater Bowl,
Beater Gear wheel, Beater Head, Beater Drive Shaft, Balloon Beaters, Cookie Beaters, Proofing Lid, Recipe Book, Electrical Cord;
4. Misuse, abuse, improper use or negligence by BUYER;
5. Physical damage to the Product as a result of tampering, mishandling, neglect, modification, disassembly, or repair without the approval of SELLER;
6. Damage to Products caused by the carrier during shipping or by the installer during installation;
7. Deterioration resulting from age, storage, weathering, lack of use;
8. Continued Product use after an alleged defect is discovered or should reasonably have been discovered.
The Limited Warranty does not extend to products purchased and then utilized outside of the United States of America.
6. LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES
SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court action based on that claim any later than one (1) year after BUYER’s right to file a court action accrues. In those states which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.
7. SELLER’S LIMITATION OF LIABILITY
SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO.
Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. SELLER’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER