Belshaw Adamatic TYPE K Depositors User Manual

Page 9

warranted where (non-liquid) Trans Fat Free shortening is used.
The Seller has sole and final discretion in determining whether a warranty claim is

due to defects in workmanship or material. No warranty shall apply in the event of

modifications, abuse, improper use, abnormal operating conditions or failure to follow all

specified maintenance and cleaning procedures. Should any equipment require repairs or

replacement under this warranty, the Seller may use later-generation or equivalent parts

with the same functions or features as the parts being repaired or replaced. Repair and

replacement materials and labor not covered by warranty shall be at the Buyer’s expense.
This Limited Warranty is provided by the Seller with respect to equipment or parts and is

in lieu of and excludes all other warranties, express or implied, arising by operation, law or

otherwise, including, without limitation, merchantability and fitness for a particular purpose,

whether or not the Seller’s equipment is specifically designed and/or manufactured by

the Seller for the Buyer’s use or purpose. The Seller is not liable for any consequential

damages.

CANCELLATIONS, RETURNS and DELAY IN ACCEPTANCE:
Any cancellation by the Buyer after receipt of their order may result in a cancellation

penalty equal to 30% of the order value or the calculated cost of materials, labor and

overhead for the ordered equipment at the time of cancellation, whichever is greater.

Buyer must give disposition of canceled equipment within 30 days of cancellation date.

If Buyer fails to give disposition for canceled equipment within the period, Seller shall be

authorized to dispose of canceled equipment as Seller sees fit.
ALL Special Orders and/or custom equipment will be identified as such and cannot be

canceled or returned. NO EXCEPTIONS.
Unless otherwise specified, the Seller offers the Buyer a thirty (30) calendar day return

policy on most equipment or parts sold based on the date of invoicing. All requests for

cancellation or return requests must be submitted in writing and received at Seller’s home

office (Auburn, WA) within thirty (30) calendar days from the invoice date.
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Return Restrictions:

Defective “Non-Usable” Equipment – The Buyer may return most defective “non-

usable” equipment or parts directly to Seller within thirty (30) calendar days from the date

of invoicing. The Seller has the sole discretion on which option applies -- credit, repair,

replacement or exchange. After this thirty (30) calendar day period only the Seller’s

warranty applies
o

Non-Defective Equipment – The Buyer may return most non-defective equipment

or parts, unless they are specified as special order or custom, directly to the Seller within

thirty (30) calendar days from the date of invoicing. In this situation the Seller will impose

a mandatory restocking fee which will reduce the value of any credit or exchange by 20%

of original invoice amount or $50, whichever is greater.

•

Shipment of Returned Equipment or Parts:

Return Goods Authorization (RGA) Number -- No return of any type will be accepted

by the Seller unless accompanied by a unique RGA number, which the Buyer must obtain

by providing the following information to Seller’s Customer Service Agent. The required

©BELSHAW ADAMATIC BAKERY GROUP • 814 44TH STREET NW SUITE 103
AUBURN, WA 98001 USA • WWW.BELSHAW.COM • WWW.BELSHAW-ADAMATIC.COM

information is your customer number, applicable invoice number, equipment serial number,

and details of the Buyer’s reason for the return. The Buyer has thirty (30) calendar days

to return the equipment and/or part from the date that the applicable RGA is issued. After

such date, the RGA issued is invalid and the Seller reserves the right to refuse the return.

The Seller will not accept the return of any equipment or part that has not been assigned

an RGA number.
o

Returned Equipments Must Be Complete, Clean and Free of Damage -- All

equipment or parts MUST be returned 100% complete, including all original boxes, packing

materials, manuals, blank warranty cards and other accessories provided by Seller. The

equipment MUST be clean, free of any damage and in the same condition as delivered

to the Buyer. The Seller reserves the right to refuse the return of any equipment or part

that does not conform to this provision. If accepted, the cost of reconditioning and the

aforementioned restocking fee will be charged.
o

Responsibility for Shipping Costs and Risk -- The Buyer is responsible for the cost of

shipping all returned items; the Seller is responsible for the cost of shipping replacements

or exchanges of returned items and will match Buyer’s shipping method provided the

returned items are not due to the Seller’s fault. Buyer must adequately pack or crate the

returned equipment to protect from damage in transit.
o

Buyer Shipping Insurance -- The Buyer is strongly advised to purchase full insurance

to cover loss and damage in transit for shipments of returned equipment or parts and to

always use a carrier or shipping method that provides proof of delivery. The Seller is not

responsible for damage or loss during shipment.

LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF

ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL THE

SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR

AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE

OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF

PROFITS, BUSINESS, REVENUES OR SAVINGS , EVEN IF SELLER HAS BEEN

ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE

OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH

LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE,

STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS

OR ACTIONS AGAINST BUYER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM

ARISING OUT OF OR IN CONNECTION WITH BUYER’S IMPLEMENTATION OF ANY

CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED

ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE

EQUIPMENTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE EQUIPMENT

FOR USE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS

AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES

FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE

DOLLAR AMOUNT PAID BY BUYER FOR THE EQUIPMENT(S) GIVING RISE TO THE

CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM; OR (B) $50,000.00.

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