Limited Warranty

    Berg Chilling Systems Inc. (“Berg”) warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform to the applicable Seller’s specifications as provided in the quotation. Except as are contained herein, Berg makes no warranties, conditions, guarantees or representations relating to the Products, express or implied, statutory or otherwise. The Seller warrants all Products it manufactures to be free from defects in workmanship and material when used under conditions recommended by us.

    The Seller’s obligation under the warranty is limited to repair or replace or otherwise make good, at our factory, any parts which, within one year after date of shipment of equipment of our manufacture to the original purchaser, under being returned to us with transportation prepaid, and upon our examination, shall disclose to our satisfaction to have been defective.

    The Seller neither assures, nor authorizes any other persons to assume for us, any liability in connection with the sales of our equipment except under the conditions of this warranty. The warranty does not cover any field (on site) labour charges for replacement of parts, adjustment, repairs, or any other work done.

    This warranty shall not apply to any Product or apparatus which in our opinion has been just misuse, negligence, or pressures in excess of limits recommended by us, or which have been repaired or altered outside Berg’s factory or which have had the serial number(s) removed or defaced.

    This warranty does not cover refrigerant gas, nor does it cover any apparatus damaged from freezing of water or heat transfer fluid. Replacement or repair of defective material will be EX WORKS our factory, and will be assume any used portion of this warranty.

    All defective parts become the property of Berg and must be returned within fifteen (15) days of replacement date, transportation prepaid, as advice by Berg, to become eligible for replacement under warranty. Warranty Claim Forms, found in the Product Owner’s Manual, must accompany all warranty claims and parts returns or this warranty shall not apply.

    Berg is not responsible for any sales, use, excise, duty or any other applicable taxes associated with the replacement of parts under this warranty. This warranty is only effective with all the terms and conditions of the Product quote being met, and it is understood that time is of essence in this agreement.

    Repair or replacement of products not of our manufacture will be limited to the warranty of the manufacturers of such products. Seller shall transfer to Buyer whatever transferable warranties and indemnities Seller receives from the manufacturers of any subcomponents of the Products if any, including any transferable warranties and indemnities in respect of patent infringement. See the Product Service Labour Policies in your Product Owner’s Manual for possible extensions to this Warranty.

     This is an expressed warranty of merchantability and or fitness for a particular purpose; all other implied warranties and any liabilities not based upon contract are hereby disclaimed and excluded by this warranty.

     In accordance with Section 7 of our Standard Terms and Conditions of Sale, under no circumstances shall Berg Chilling Systems Inc be liable for loss of prospective and speculative profits or special indirect incidental or consequential damages.

This warranty is a part of the Standard Terms and Conditions of Sale Berg Chilling Systems Inc.