Warranty & Service

Limited Warranty

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. 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 Compressor Part Warranty Where Applicable: In addition to the warranty set above, BERG warrants the sealed compressor (part only) for an additional period of time based on the model and installation date. This warranty is for defects, both in workmanship and material, under the normal and proper use and maintenance service. The 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 RESIDENTIAL USE 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.

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.

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 replace of, or crediting the user with, an amount equal to the purchase price of such goods.

Specifications: BERG reserves the right to change the specifications of the equipment and/or material without notice.