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Terms & Conditions

Standard Sales Terms to Resellers

Each reseller represents and warrants that (a) the reseller is an independent contractor and is not an agent of Felix Storch, Inc. (FSI) (or its trademarks "SUMMIT™", "ACCUCOLD™", "PURETHERM™", "WATTSIPPER™", "COLD CAVERN™" or "PUB CELLAR™"), (b) no change or alterations to products of FSI will be made without the written consent of FSI, (c) no warranty is applicable to any product of FSI except for the Limited Warranty made to the original consumer purchaser of the product set forth below, and (d) no representation will be made by such reseller on behalf of FSI to any customer or other person. FSI reserves the right to make changes in design or to add improvements to its products at any time without incurring any obligation to install the same on products previously sold. In the rare case of a dispute with a reseller, the reseller consents to the exclusive jurisdiction of the New York state courts located in the Bronx, NY, waives any right to a jury trial, and consents to service of process by federal express or similar international courier services, return receipt requested. Each reseller (excluding resellers who have overriding agreements with FSI) shall be deemed to have accepted these sales terms upon acceptance, use or resale any of the FSI product. Notwithstanding purchase order terms, title of goods transfers to customer upon delivery to a freight carrier.

 

Limited Warranty for All Replacement Parts

NINETY (90) DAY FROM DATE OF ORIGINAL CONSUMER PURCHASE

All Felix Storch Inc (FSI) brand replacement parts (which include replacement parts with the brands SUMMIT™, ACCUCOLD™, PURETHERM™, WATTSIPPER™, COLD CAVERN™, or PUB CELLAR™) as supplied by FSI and delivered new in the original carton to the original consumer purchaser carry a 90 day warranty against manufacturer's defects only. FSI's obligation is limited to the repair or replacement of the defective parts.

 

THINGS NOT COVERED BY THIS LIMITED WARRANTY

FSI's sole obligation under this warranty is limited to either repair or replacement of parts, subject to the additional limitations below. This warranty neither assumes, nor authorizes any person to assume, obligations other than those expressly covered by this warranty. 

      1. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES: FSI is not responsible for economic loss; profit loss; or special, direct, indirect, or consequential damages, including, but not limited to, losses or damages arising from food or product spoilage claims, whether or not on account of refrigeration or other product failure.
      2. WARRANTY IS NOT TRANSFERABLE: This warranty is not assignable and applies only in favor of the original consumer purchaser/user to whom delivered. Any such assignment or transfer shall void the warranties herein made and shall void all warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
      3. IMPROPER USE: FSI assumes no liability for parts or labor coverage for component failure or other damages, resulting from improper usage or installation or failure to clean and/or maintain product as set forth in the warranty packet provided with the product. Consumers are responsible for using common sense with major appliances, as the use and care guide cannot anticipate every specific improper use of an appliance Consumers are cautioned that ranges and dishwashers cannot be used as step stools or ladders and must protect children and others from the elements that are designed to be extremely hot to properly cook or heat liquids or food.
      4. FSI IS NOT RESPONSIBLE FOR ANY OF THESE EVENTS OR CAUSES: FSI is not responsible for the repair or replacement of any parts that FSI determines have been subjected after the date of manufacture to alteration (including, but not limited to, altered serial numbers), neglect, abuse, misuse, accident, damage (including, but not limited to, cosmetic damage or exterior finish damage) during transit or installation, fire, flood, lightning or other acts of nature or acts of God; or applications or uses for which the product was not intended; or use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installations, repairs, external plumbing and leaks, external wiring, circuit breakers, fuses or connectors not supplied and authorized by FSI, or which damages this product or result in service problems; or incorrect electrical line voltage, fluctuations and surges; or customer adjustments and failure to follow operating instructions, cleaning, maintenance and environmental instructions that are covered and prescribed in the instruction book; or loss of food due to spoilage; or consumable items including filters and light bulbs.
      5. PRODUCTS USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES: LIMITATION OF WARRANTIES: EXCEPT WHERE OTHERWISE REQUIRED BY LAW, THERE ARE NO EXPRESS WARRANTIES EXCEPT AS STATED ABOVE, AND NO WARRANTIES (WHETHER EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY AFTER THE ONE YEAR GENERAL WARRANTY PERIOD STATED ABOVE.
      6. PRODUCTS FOR COMMERCIAL USE: NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR PRODUCTS FOR COMMERCIAL USE: Except as otherwise required by law, there are no other warranties, express, implied, or statutory. These warranties are exclusive and in lieu of all other warranties, including implied warranty and merchantability or fitness for a particular purpose. There are no other warranties which extend beyond the description on the face hereof.
      7. OUTSIDE CONTIGUOUS UNITED STATES: This warranty does not apply to, and FSI is not responsible for, any warranty claims made on products sold or used outside the contiguous (48) United States, except for parts as stated above, but not including labor and installation costs To be clear, this warranty (except for parts, but not including labor and installation costs) excludes the states of Alaska and Hawaii and all off-shore territories, as well as Canada.
      8. HOW STATE LAWS APPLY: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, SO THESE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.