Omniteam, Inc.
 Standard Limited Warranty

Omniteam warrants each (new) product to be free from defects in material and workmanship if installed, used and maintained in compliance with Omniteam procedures and design.  This standard limited warranty is effective with regard to parts, material and/or equipment, exclusive of labor, for the twelve (12) month period beginning with the (verifiable) date of start-up and shall not exceed fifteen (15) months from the date of Omniteam’s (final) invoice.  Under the terms of this warranty, Omniteam will repair or replace, at our option, any part(s), material or equipment which, when returned if required and as authorized by our service department, proves to be defective.  Labor associated with the repair or replacement of defective part(s), material or equipment, will be covered under this same standard limited warranty for the ninety (90) day period beginning with the (verifiable) date of start-up and shall not exceed six (6) months from the date of Omniteam’s (final) invoice.  If purchased by buyer, Omniteam will provide an extended labor warranty for the twelve (12) month period beginning with the (verifiable) date of start-up and not to exceed fifteen (15) months from the date of Omniteam’s (final) invoice and the terms and conditions of such extended labor warranty shall be the same as the standard limited warranty except as to length of time.  Unless expressly agreed in writing by an Officer, or the General Manager, of Omniteam, the terms of this warranty are restricted to application within the continental United States, Alaska, and Hawaii.

This standard limited warranty is extended exclusively to the original user/purchaser.  The term “original user/purchaser” as used herein shall mean that person, company or organization for which the part(s), material, or equipment is originally installed.  This warranty constitutes an agreement between the purchaser, user (if different from the purchaser), and Omniteam for the purpose of fulfillment of the expressed warranty obligations contained herein.

Omniteam assumes NO responsibility under this warranty for incidental or consequential damages or delay including, but not limited to, loss of refrigerant, taxes, food loss, service charges, freight charges, installation costs, lost profits, or travel expenses. Omniteam assumes no responsibility under this warranty for injury to person(s) or property not directly as a result of negligence by Omniteam.  Further, Omniteam shall not be liable for any delays in or failure to deliver due to, but not limited to, Acts of God or public authority, war, labor disputes, accidents, fires, floods, extreme weather conditions, failure of or delays by carriers, shortages of materials, delay by a supplier, and any other cause beyond Omniteam’s control.

Any claim under the terms of this warranty shall first be made to the Omniteam Service Department.  The service department will assess the validity of the claim, and determine Omniteam’s response under the terms of this warranty.  The service department, at its option, may direct that the claimed defective part(s) be returned in sealed containers, tagged as to serial and model numbers, with transportation charges prepaid, to our factory.  If our service department requires the return of the claimed defective part(s), material or equipment, no credit will be issued until Omniteam has received said item(s) and has determined them, in fact, to be defective.  If Omniteam determines that said items are not considered to be defective under the terms of this warranty, a restocking fee (25% minimum) will apply.  All replacement parts sent as a result of a warranty claim to the original user/purchaser will be invoiced at the time of shipment and any credit issued for the original, claimed-defective part shall be used to offset the replacement part invoice in total or in part.  The continuing warranty with regard to any part(s), material or equipment replaced under the terms of this warranty will expire simultaneously with the expiration of the original warranty.  Omniteam must be notified of any claim against this warranty within 120 days of the occurrence, with the additional stipulation that this notification may not be made more than sixty (60) days after the expiration date of this warranty.  Claims made beyond these time frames may not be honored.  If a field service visit is required to diagnose and/or correct equipment problems and it is determined that the problem is not covered under the terms of this warranty, such as due to incorrect installation not provided by Omniteam, misapplication, lack of maintenance, etc., Omniteam will invoice the customer as follows:  If an outside service company has been contracted by Omniteam to perform the work, Omniteam will subsequently invoice the full amount charged by the outside service company plus a 15% administrative fee.  If Omniteam performs the work, labor will be billed at $115 per hour (3 hour minimum) plus all related travel, lodging, subsistence, incidentals, and parts.

Repair or replacement, as determined by Omniteam, in the manner and for the period of time provided herein, shall constitute fulfillment of all liabilities of Omniteam to original user/purchaser, whether based on contract, negligence or other manner, with respect to or arising out of use of such part(s), material or equipment.  The remedies set forth herein are exclusive, and the liability of Omniteam shall not, except as expressly provided herein, exceed the respective sales price of the equipment, material or part(s) on which such liability is based.  Any improper installation, use, operation beyond capacity, substitution of a part not approved by Omniteam, or any alteration or repair by any other party in such a manner as in Omniteam’s judgment materially and adversely affects the product(s) and/or its performance shall void this warranty.

This warranty does not apply to equipment that has been damaged in transit, altered, abused, or wherein it is determined that the user/purchaser has not complied with Omniteam installation, normal use, maintenance, and/or service requirements.  Also, this warranty may be voided if the user/purchaser has service performed by any party not authorized by Omniteam.   Part(s), material and/or equipment are shipped at the risk of the original user/purchaser whom, therefore, is responsible for filing any necessary freight damage / missing item claim with the freight company immediately upon receipt.

If the product covered under this warranty contains compressors, Omniteam provides a Limited Extended Compressor Warranty, for the sixty (60) month period beginning with the date of Omniteam’s (final) invoice, unless coverage is refused by the customer.  Replacement made under the terms of this warranty must be made through an authorized wholesaler.  See Omniteam’s Limited Extended Compressor Warranty for complete terms and conditions.

Omniteam includes a Start-Up Date Verification card with each unit/job shipped.  This card must be completed, signed and returned, with postage affixed, to “Attn.: Service Manager” at the address shown on the reverse side of this card to activate the Standard Limited Warranty.  Failure to return this card as instructed will result in the use of Omniteam’s (final) invoice date as the applicable start-up date for all warranty time frames irregardless of the actual start-up date of the equipment.

This warranty supercedes and is in lieu of any and all other warranties by law or custom, either expressed or implied, including, but not limited by this enumeration, any guarantee as to quality or fitness for any particular purpose, except as set forth herein.  No person, agent, or dealer is authorized to extend any warranties on behalf of Omniteam or to assume for Omniteam any other liability in connection with any of Omniteam’s products.  Any exception to any terms herein listed in this warranty may only be extended in writing and must be authorized by an officer of Omniteam, Inc. or its General Manager.

This warranty shall be null and void if buyer fails to pay all respective monies due to Omniteam within applicable terms.

________________________________________________________________________________________________________________________
General Manager-Omniteam, Inc.
08/01/2004