BERG MERCHANDISER Serie Manual De Instrucciones página 14

with reference to the Equipment or any parts
therefore for any cause shall be deemed waived
unless submitted by the User to BERG within (30)
days after the date the User discovered, or should
have discovered, the claim. In connection with all
claims under this Warranty, BERG will have the
right, at its own expense, to have its representatives
inspect the Equipment at the User's premises and
to request all of the User's records pertaining to the
Equipment to determine whether a defect exists,
whether the conditions set forth in this Warranty
have been satisfied, and whether or not the
applicable Warranty is in effect.
THE FOREGOING WARRANTY IS IN LIEU OF
AND EXCLUDES ALL OTHER WARRANTIES
NOT EXPRESSLY SET
WHETHER EXPRESS
OPERATION OF LAW
INCLUDING BUT NOT
REPRESENTATION OF PERFORMANCE AND
ANY IMPLED WARRANTIES OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY
FITNESS FOR A PARTICLULAR PURPOSE. NO
OTHER WARRANTIES ARE AUTHORIZED ON
BEHALF OF BERG UNLESS SPECIFICALLY
ISSUED BY BERG.
BERG 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. BERG's
liability hereunder in any case is expressly limited,
at BERG'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.
Prices & Specifications: BERG reserves the right
to change the prices and specifications of the
equipment and/or material without notice. Prices
are FOB BERG warehouses. All orders are subject
to acceptance by BERG Commercial, Inc.
FORTH HEREIN,
OR IMPLIED BY
OR OTHERWISE,
LIMITED TO ANY
OR
Terms: All orders are subject to credit approval. All
Invoices not paid within the specified terms will be
subject to a 1.5% per month delinquency charge.
Buyer agrees to pay all costs of collection including
such attorney's fees as may be allowed by law.
Taxes: This price list does not include any Federal,
State, City or Local taxes, which may apply and are
subject thereto.
Shipment: Requested carrier will be used upon
request. BERG has the right to ship via any
responsible carrier if
unavailable. Shipping charges are payable by
consignee and any claims arising as such charges
shall be resolved between the carrier and the
consignee. Shipping dates are approximates.
BERG is not responsible for any delays in deliveries
that are beyond our control.
Damaged Merchandise: Inspect shipment for any
damage, before accepting it. If damaged, open and
inspect the contents with the carrier. Any damage
should be noted and reported on the delivering
carrier's receipts. BERG does not assume nor
responsibility for damages while in transit.
Concealed Damage: If there is concealed damage
to the equipment, notify the carrier immediately.
Notification should be made verbally as well as in
written form. Request an inspection by the shipping
company of the damaged equipment. Retain all
crating material until inspection has been made.
Cancellations & Returns: Cancelled orders and
returned merchandise are subject to a 25%
restocking and handling
authorization is required for a return of any
equipment. All equipment returned must be in its
original factory crate; freight prepaid and must be in
the same condition as originally shipped by BERG.
Returns will only be authorized within 30 days of
invoice date.
requested carrier is
charge. Written
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