LIMITED ONE (1) YEAR WARRANTY – This Limited Warranty covers defects in material and workmanship in certain parts of Beyond Zero Ice Machines (“Unit”) under normal usage when installed and operated in accordance with the Operations Manual for a period of one (1) year from the date of shipment (“Warranty Period”). This Warranty extends only to the original purchaser and is non-transferrable. Warranty applies within the United States only. Beyond Zero Inc. agrees to repair or replace without cost to purchaser any part or parts of said unit. Excluded are normal maintenance items i.e. Tubing, feet, Reject Rod, Lid, etc. as described in the Operations Manual. This Warranty is solely to replace or repair the unit when it has experienced failure during the Warranty Period. This Warranty does not extend to any unit that has been damaged or rendered defective or nonoperational due to: (a) accident, misuse or abuse, including but not limited to damage resulting from spillage due to misuse and/or failure to follow the directions in the manual; (b) any modifications to or tampering with the Unit; (c) temperature variations due to purchaser’s failure to clean the Unit and keeping vents unobstructed; (d) dispensing product other than Alcohol based liquids. Past 1 year, repairs other than those covered by the conditions set forth in this warranty will be made at the expense of the original Purchaser.
This Limited Warranty does not extend to any unit that has been used for liquids other than Alcohol based liquid.
REPLACEMENT OF UNIT UNDER LIMITED WARRANTY – Beyond Zero Inc. will replace the Unit free of charge to the original purchaser if the Unit experiences a failure within the Warranty Period. There is no on-site repair service provided under this Warranty. Service, repairs or labor costs shall be completed by Beyond Zero Inc. or at a designated 3rd party authorized repair center. Notification of a failure must be given within ten (5) business days of the failure. Notifications must be given by contacting Beyond Zero Inc. at 1-833-239-6630 between 9 a.m. and 5 p.m. (Eastern Time) Monday through Friday excluding holidays, and the purchaser must fully cooperate and provide information enabling Beyond Zero Inc. to evaluate if a failure has occurred. In order to obtain the replacement Unit, the defective unit must be returned to the address provided by Beyond Zero Inc.
Prior to reporting a failure, please review the frequently asked questions guide and cleaning instructions located in the operation manual.
FORCE MAJEURE – A “Force Majeure Event” is defined as the occurrence of unforeseen circumstances beyond a party’s reasonable control which cannot be avoided by the exercise of due diligence and does not result from such party’s negligence or intentional misconduct, including, but not limited to, act of war, natural disaster, strikes, lockouts, fires, floods, riots, freight embargoes or transportation delay, shortage of labor, inability to secure fuel, materials, supplies or power, or significant increase in the costs thereof, acts of God or of the public enemy, and any existing or future laws or acts of the federal, state, or local government that prohibits or prevents performance. Neither Brand Zero nor purchaser shall be deemed in default hereunder or be liable for a failure to perform hereunder arising from a Force Majeure Event. A Force Majeure Event does not excuse or suspend any obligation of either party to pay money in a timely manner for product actually delivered or other liabilities actually incurred, that arose before the occurrence of the Force Majeure Event.
WARRANTY DISCLAIMERS – BEYOND ZERO LIMITS THE DURATION OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU
LIMITATION OF REMEDIES – BEYOND ZERO INC. IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE UNIT OR THE FAILURE OF THE UNIT TO PERFORM, INCLUDING LOST PRODUCT, LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES. BEYOND ZERO INC. IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY THE PURCHASER FOR A THIRD PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
STATE LAW – This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
a. The customer is solely responsible for and will exercise caution, discretion, common sense, and judgment in, using the Product. Neither Beyond Zero, Inc. (“Beyond Zero”) nor its affiliates or licensors are responsible for the conduct of any user of the Product.
b. This Product is intended for use in commercial settings and is not intended for personal, family, or household use. Any such personal, family or household use may void the Product’s Limited Warranty.
c. Disclaimer. To the maximum extent permitted by law, Beyond Zero explicitly disclaims any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement and any warranties arising out of course of dealing or usage of trade. Beyond Zero explicitly disclaims all liability for any act or omission of any user or other third parties.
d. Limitation of Liability. To the maximum extent permitted by law, Beyond Zero will not be liable for any incidental, special, exemplary, or consequential damages, including loss of goodwill, arising out of or in connection with these terms or from the use of or inability to use the Product, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Beyond Zero has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
e. Release. Customer hereby releases and forever discharges Beyond Zero, as well as its affiliates, directors, officers, employees, shareholders, successors, predecessors, insurers, assigns, and agents, from any and all damages, liabilities, claims, demands, actions, or causes of action of whatever kind, nature, and description (including any claims for interest, attorneys’ fees, or expert or consulting fees), whether based on state, local, or federal law or laws, the common law, or any other rule or regulation, whether fixed or contingent, known or unknown, liquidated or unliquidated, matured or un-matured, at law or in equity, that Customer may have against Beyond Zero related to, arising from, or in connection with this Agreement, the Product, or Customer’s use thereof.
f. Choice of Law. The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the State of Kentucky, without reference to its conflict of law provisions. Any dispute, action, or proceeding arising under this Agreement shall be brought in state or federal courts of the State of Kentucky.