Texican Specialty Products, hereinafter referred to as the seller, warrants equipment manufactured by it to be free from defects in materials and workmanship for which it is responsible. Seller will be responsible for all labor 90 days after date of original installation and one full year for parts. The seller, however, will not be responsible for customer abuse, physical damage or misuse of the equipment. Repairs will generally be performed by approved/authorized service agencies.

On rare occasions, it may be necessary to return equipment that has been received by either the end user or the purchasing company. Such returns are the responsibility of the purchasing company as will be the related freight charges. Any return will require the approval of the Company. The purchasing company shall pay a 20% restocking charge on all returns.

All equipment will be shipped by common carrier, be it selected by the Company (Texican Specialty Products) or the purchasing company (Dealer) and shipped in the most reasonable manner. Special shipments may be requested by the purchasing company for overnight or next day delivery with the use of FEDEX and their affiliates. All order acknowledgments will include the shipping costs if they are to be prepaid and added to the invoice. Use of secondary transportation managers (i.e. Logistics Management) by purchasing companies is acceptable but must be so noted on the purchase order or equipment will be shipped at the discretion of the Company or shipped collect.

When equipment is shipped directly to an end user (restaurant etc.) the purchasing company will be responsible for initiation of a damage claim and should notify the customer regarding same. The customer has the right to refuse the equipment if it appears to be damaged but if the customer accepts damaged goods, whether the damage is obvious or not, it is the responsibility of the purchasing company to file a damage claim and or arrange for a replacement. All freight charges shall be the responsibility of the purchasing company.

If a piece of equipment arrives at the purchasing company and there appears to be damage to the packing carton, the purchasing company may open the carton in the presence of the delivering carrier to determine if the damage extends to the equipment as well, or the purchasing company may refuse the delivery and return it to the Company. If the purchasing company receives the equipment and determines that this is damage, the purchasing company will be responsible for filing a damage claim with the carrier. The Company cannot be held responsible for concealed damage discovered after the equipment has been accepted by the purchasing company. If damage is suspected it would be best to open the carton when received as most carriers will not accept damage claims after the fact.