Dough Processor (DD104) Warranty Statement
V4.1 6/20/2024
InSitu Foods, Inc. (“INSITU”) expressly warrants to the original purchaser/owner that the DD104 Dough Processor will be reasonably free of defects in material and workmanship. INSITU will repair or replace, at its option, any parts of the DD104 that are proven to be defective in material or workmanship under normal use during the applicable warranty time period (1 year from date of shipment from INSITU or 300,000 machine cycles, whichever comes first). INSITU will match manufacturer warranty coverage for components of the Dough Processor that extend beyond the 1 year window, as available.
The following parts are considered ‘wear parts’ and are not covered by this limited warranty:
- Hopper Gasket
- Replacement air filter
- Blowout block o-rings
- Fuses
- Nylon lanyards
- Latch spacers
The equipment owner is responsible to keep ‘wear parts’ on-hand and to replace as necessary in the course of performance according to product specifications.
Purchaser’s remedy under this warranty shall be limited to repair or replacement of nonconforming units or parts. This limited warranty does not cover travel expenses, or transportation for shipping/handling fees for replacement parts. The equipment owner is responsible for these expenses, if applicable, in any warranty claim. Service labor for warranty repairs is covered for 1 year from date of shipment and only when service is conducted by INSITU or a duly authorized INSITU service provider. A valid warranty claim must start with outreach to INSITU Support (see below).
This limited warranty shall not apply to and does not cover products that are in any way subject to any of the following: Improper setup, installation or storage; Lack of proper maintenance and service, including cleaning; Accident, damage, abuse or misuse; Abnormal operating conditions or applications; Modification by customer or any third party without written consent of INSITU;
Use under operating conditions or in applications not recommended by INSITU; Normal wear; Acts of God. INSITU’s obligations shall be limited to repair or replacement only of the specific product parts that fail due to workmanship or manufacturing defect. Any repaired or replaced product or part of a product shall remain subject to the original 1-year warranty period and any repair or replacement shall not extend the original warranty period or start a new warranty period.
INSITU has the right to require a customer deposit, prior to initiating warranty work. In the event the requested work is not covered under this limited warranty, some or all of the deposit will be retained by INSITU. Conversely, if the requested work is covered under warranty, INSITU will return the deposit, less any applicable expenses not covered under the warranty.
This warranty is non-transferrable and constitutes the sole warranty made by INSITU either expressed or implied. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY INSITU IN CONNECTION WITH THESE PRODUCTS. INSITU CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No claim by the purchaser/owner of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the products in respect to which damages are claimed. IN NO EVENT SHALL INSITU BE LIABLE TO PURCHASER/OWNER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF BUYER TO ANY THIRD PARTY WITH RESPECT THERETO.