Warranty & Service
One Year Parts & Labor Warranty: BERG Commercial, Inc. (“BERG”) Warrants to the first-end-user purchaser (the “User”) that the BERG brand equipment sold hereunder, except for parts and accessories which carry the warranty of a supplier (the “Equipment”) will be free from defects in material and factory workmanship under normal conditions of use and maintenance for a period of one (1) years from the date of installation (Warranty commencement date), but in no event to exceed eighteen (18) months from the date of shipment from the factory. Warranty is Not Transferable.
Warranty Coverage: If there is a defect in material or factory workmanship covered by this Warranty reported to BERG during the period the applicable Warranty is in force and effect, BERG will repair or replace, at BERG’s option, that part (ground shipping only) of the Equipment that has become defective and will cover labor cost (straight time only) within corresponding warranty period of time BERG shall bear all labor costs (straight time only) in connection with the installation of these replacement parts, provided that, the installation is conducted by BERG or its authorized representative. Charges for warranty travel time round trip, total two (2) hours or up to 100 miles total. Any charges exceeding those stated herein must have prior authorization by BERG. Travel outside of the two (2) hours or 100 miles, and any work performed at overtime or weekend rates, would be the responsibility of the owner/user. In the case BERG deems the equipment non-repairable, said equipment will be replaced and the replacement unit(s) will carry the same warranty period from the original unit’s installation date (original Warranty Commencement Date).
Additional Three Year Compressor Part Warranty: In addition to the warranty set above, BERG warrants the sealed compressor (part only) for an additional four (4) years based on the installation date. This warranty is for defects, both in workmanship and material, under the normal and proper use and maintenance service. The four (4) year extended warranty only applies to sealed parts of the compressor and does not apply any other part or component, including, but not limited to cabinet, temperature control, refrigerant, motor starting equipment, fan assembly, or any other electrical or mechanical component.
Exclusion from and Conditions to Warranty Coverage: This warranty does not cover parts or accessories, which (a) carry the warrant of a supplier or (b) are abused. Application of this Warranty is further conditioned upon the following:
Installation: The Equipment must be properly installed in accordance with BERG’s installation procedures and by a professional technician.
No Alteration: The Equipment must not have been modified or altered from its condition at the date of original installation.
Use: BERG EQUIPMENT IS NOT DESIGNED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, AND ITS SALE FOR SUCH PURPOSE IS NOT INTENDED. IN THE EVENT THE EQUIPMENT IS SO USED, THIS WARRANTY SHALL BE NULL AND VOID, AND THE EQUIPMENT SHALL BE DEEMED TO HAVE BEEN SOLD “AS IS-WHERE IS” WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Proper Maintenance and Operation: The Equipment must be properly maintained and operated in accordance with BERG’s maintenance and operating procedures. All service, labor and parts must be acquired from BERG or its authorized service representative for the User’s area.
This warranty is void is failure is a direct result of handling and/or transportation, fire, water, accident, misuse, acts of god(s), attempted repair by unauthorized persons, improper installation, if serial number has been removed or altered, or if unit is used for purpose other than it was originally intended.
Failure to comply with any of these conditions will void this Warranty. In addition, this Warranty does not cover defects due to apparent abuse, misuse or accident.
Parts Warranty Coverage: BERG warrants all new machine parts produced or authorized by BERG to be free from defects in material and workmanship for a period of 90 days from the Warranty Commencement Date. If any defect in material and workmanship is found to exist within the warranty period, BERG will replace the defective part without charge. Defective parts become the property of BERG.
BERG will have no responsibility to honor claims received after the date the applicable Warranty expires. Notwithstanding the foregoing, any claim 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 FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OF PERFORMANCE AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 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 sale, 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, 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 warehouse. All orders are subject to acceptance by BERG Commercial, Inc.
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 based upon request. BERG has the right to ship via any responsible carrier if requested carrier is unavailable. Shipping charges are payable by cosignee and any claims arising as such charges shall be resolved between the carrier and the cosignee. 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 contents with the carrier. Any damage should be noted and reported on the delivering carrier’s receipts. BERG does not assume 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 charge. Written 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.