1. Tri-Point Refrigeration, Inc. warrants that the product(s) described in this warranty are free from defects in workmanship and materials for a period of five (5) years.
2. FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTY ON THIS PRODUCT, THE CONSUMER IS LIMITED ONLY TO INCIDENTAL OR CONSEQUENTIAL DAMAGES. This warranty extends exclusively to the original purchaser of the warranted product, and subsequent purchasers are not covered by this warranty Agreement unless approved in writing by a representative of Tri-Point Refrigeration, Inc.
4. This warranty covers newly installed walk-in refrigeration equipment and walk-in box, providing all equipment was engineered, sized, and installed by Tri-Point Refrigeration and each of its component parts, except electrical parts at Tri-Point’s discretion.
5. In the event of a defect, malfunction, or other failure of the product not caused by any misuse or damage to the product while in the possession of the consumer, the warrantor will remedy the failure or defect without charge to the consumer. The remedy will consist of repair or replacement of the product at the Warrantor’s option.
6. The term of this warranty begins on the date the product is delivered to the consumer and continues for a period of five (5) years.
7. Within 30 days of the delivery of the product to the consumer, the consumer MUST take all necessary steps to register the product with Tri-Point Refrigeration, Inc. warranty program and with any manufacturer warranty programs. Failure to do so will result in this warranty being rendered null and void.
8. Consumer must arrange to have the product serviced through Tri-Point Refrigeration, Inc. at six (6) month intervals. Tri-Point Refrigeration, Inc. will provide such service at a time and material pricing of the current market. Failure to arrange for such routine service will result in this warranty being rendered null and void.
7. To obtain performance of any obligation under this warranty, the consumer shall provide written notice to Tri-Point Refrigeration, Inc. within ten (10) days of any defect or malfunction.
8. This Agreement will be governed by and construed in accordance with the laws of Texas, without regard to the principles of conflicts of law. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. The Parties agree that any action arising out of or in connection with this Agreement shall be filed exclusively in Lubbock County, Texas and that the parties consent to this requirement.
9. This Agreement sets forth the entire warranty agreement between the parties. It wholly supersedes all previous proposals, oral or written, and all other communications and supersedes any and all prior understandings, representations, warranties, agreements, or contracts (whether oral or written) between the parties. Further, the warranty agrees to waive any implied warranties or any other warranties that may arise outside of this agreement.
10. All amendments to this Agreement are to be in writing, dated, and signed by both parties.