1. BEcom products are warranted to the purchaser on whose premises they are originally installed (“Purchaser”) to be free from defects in material and workmanship for a period of one (1) year from the date of original installation (the “Warranty Period”), but only as provided in this LIMITED WARRANTY.
2. Throughout the Warranty Period, BEcom will repair or replace, at BEcom’s option and at no cost to Purchaser other than freight charges, any BEcom product which BEcom finds to be defective as a result of faulty material or workmanship, but only if all of the following conditions have been met:
(a) All BEcom products involved have been properly installed and maintained, have been operated in conformity with information provided by BEcom, and have not been moved since original installation.
(b) No BEcom product involved has failed, been altered, been damaged or rendered inoperable by accident, natural catastrophe, or act of war or unrest, or by abuse, misuse, modification, neglect, or attempted repair or other unauthorized conduct.
(c) Purchaser, immediately upon discovery of the claimed defect, notifies BEcom thereof in writing, obtains BEcom’s permission to return the BEcom product involved and BEcom’s instructions on how to do so, and returns that product to BEcom in accordance with BEcom’s instructions, freight prepaid.
(d) BEcom receives such notification and returned product, or examines the product involved at Purchaser’s facility, as BEcom chooses in its sole discretion within the Warranty Period. BEcom’s decision as to whether a BEcom product is defective as a result of faulty material or workmanship shall be final.
(e) During the first (90) Days after delivery, BEcom Sales will reimburse the authorized Agent of the purchaser for the cost of reasonable labor to remove failed part(s) and install the Replacement(s). after (90) days all labor changes will the be purchaser’s responsibility.
Exclusions and Limitation of Warranty
3. THIS LIMITED WARRANTY DOES NOT EXTEND TO, AND BECOM MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO AND SHALL NOT BE RESPONSIBLE FOR, ANY OF THE FOLLOWING, ALL OF WHICH ARE THE SOLE RESPONSIBILITY OF THE CONTRACTOR THAT INSTALLS THE BECOM PRODUCTS INVOLVED OR OF THE PURCHASER:
(a) Compliance with any fire safety or other legal or regulatory requirement, local, state and national.
(b) Proper installation of BEcom products including: gas piping, water piping, electrical work and all other hook-ups, all of which must be done by licensed trades.
(c) Duct work, exhaust fans other than the one draft induction fan that BEcom includes with a BEcom oven and venting.
(d) Rigging, fork lifts, special moving equipment and assistance required to lift oven sections, and receipt and off-loading of BEcom products upon delivery.
(e) Tightening fittings and other minor adjustments of BEcom products.
(f) Providing instruction (other than written operating and maintenance instructions) on how to operate and maintain BEcom products.
(g) Wear items including, but not limited to, light bulbs, thrust bearings, door lock bearings, belts, door gaskets, rack lift bushings and periodic cleaning of burners.
4. THIS LIMITED WARRANTY DOES NOT EXTEND TO ANY DEFECT CAUSED BY INCORRECT INSTALLATION OF A BECOM PRODUCT OR BY ABUSE, MISUSE, MODIFICATION, NEGLECT, FAILURE TO PROPERLY MAINTAIN, IMPROPER USE OR IMPROPER OPERATION, ATTEMPT TO REPAIR A BECOM PRODUCT, ANY BECOM PRODUCT THAT HAS BEEN MOVED SINCE ITS ORIGINAL INSTALLATION.
5. THIS LIMITED WARRANTY SHALL BE VOID WITH RESPECT TO ANY BEcom PRODUCT THAT IS INSTALLED OR USED IN A PHYSICAL ENVIRONMENT THAT DOES NOT CONFORM TO A REQUIREMENT SPECIFIED BY BEcom, INCLUDING, BUT NOT LIMITED TO, ANY BEcom PRODUCT THAT IS CONNECTED TO:
(a) incorrect electrical voltage, (b) incorrect electrical frequency, (c) incorrect electrical amperage, (d) incorrect water pressure, (e) incorrect water temperature, (f) a water supply that does not include an adequate water filtration system, (g) incorrect gas pressure, or (h) venting that does not comply with BEcom venting system diagrams and instructions.
THIS LIMITED WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY OF BECOM AND IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED. NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER RELATING TO QUALITY OR OTHERWISE, AND WHETHER MADE BY ANY REPRESENTATIVE OR AGENT OF BECOM OR OTHERWISE, SHALL BE BINDING ON BECOM. BECOM SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF PROFITS OR INCOME.