1. Perfect Pour Coffee Consultants and Retailer waives, any claims and damages arising from the failures, errors or delays of the Company’s third-party agents in connection with the provision of goods and services provided on the Company’s behalf under this Agreement or any of the Programs. The Company hereby assigns to Retailer its rights against the Company’s third-party agents relating to their failures or errors in connection with the provision of with filling and delivering goods ordered as well as in connection with the provision of goods and services performed by them on the Company’s behalf. Retailer acknowledges that failures of timely deliveries and performance by the Company or third-party vendors may occur and do not give rise to a damage claim by Retailer.

2. PERFECT POUR COFFEE CONSULTANTS HAS NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, WITH RESPECT TO THE GOODS SOLD AND SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR MERCHANTABILITY. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO BIND THE COMPANY TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY EXCEPT AN AUTHORIZED OFFICER OF THE COMPANY PURSUANT TO A SIGNED WRITTEN AGREEMENT.

3. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN SECTION4, NEITHER PARTY MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTY WHATSOEVER AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,IMPLIED, STATUTORY OR OTHERWISE,INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY BOTH PARTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Rocket Espresso (Commercial)

What it Covers: Rocket Espresso commercial machines

Length: 1 year parts, 90 day labor

What's Covered?

The warranty covers parts and labor required to repair the machine and any mechanical or electrical components (including, but not limited to, control boards, pumps, boilers, wiring, brew groups, hoses or motors) from defect or failure under normal use conditions. The warranty includes free return shipping to any location within the continental US. Customer must pay to ship the machine to our repair center if necessary.

What isn't Covered?

Warranty troubleshooting and repair does not apply to the following:

Any defect arising from the misuse of the machine, including but not limited to:

Not properly refilling the boiler during brewing and steaming processes, resulting in burnt out components

Excess scale buildup from unfiltered, hard water

Lack of regular thorough cleaning of the milk frothing components

Lack of regular maintenance of the machine's brew group

Damaged internal components from improper descaling

Use of non-commercial/household equipment in a commercial environment

Normal wear and tear on the machine, including but not limited to:

Replacement of gaskets

Scratches, dents or other surface marring of any components

Grinder burr replacement

Regular maintenance, including but not limited to:

Descaling

Thorough cleaning of the milk frothing components

Backflushing

Shipping to Alaska, Hawaii, APO/military addresses or outside of the US is not covered by the warranty; in these cases, the customer is responsible for shipping costs in both directions.

Note: Self installation or improper water quality may void your commercial warranty. Please discuss with your commercial sales rep for more information.

In business just like life emergencies happen. At Perfect Pour we have you covered. We are on call for you to repair any major emergencies on your equipment around the clock. We understand your equipment is the life line to your business. Our coffee wizards are ready to get you up and running when you need it most.

(1)

A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim.

(2)

If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim.

(3)

A supplier that approves a warranty claim shall pay the claim within 30 calendar days of the claim’s approval.

(4)

A supplier that disapproves a warranty claim shall, in the writing required by subsection (1) of this section, notify the retailer of the reasons for the disapproval.

(5)

If a supplier disapproves a warranty claim because the retailer failed to comply with procedures for submitting the claim prescribed by the retailer agreement, the retailer may resubmit the claim within 30 calendar days of the retailer’s receipt of the supplier’s disapproval.

(6)

A supplier may not disapprove a warranty claim as untimely if the claim covers service or parts provided while a retailer agreement was in effect.

(7)

Intentionally left blank —Ed.

(a)

For one year after payment of a warranty claim, the supplier may audit records that support the claim.

(b)

A supplier may not audit a record that supports a claim more than one year after paying the claim unless an audit has disclosed that the retailer submitted a false claim.

(c)

A supplier may:

(A)

Adjust a claim paid in error;

(B)

Require a retailer to return payment made on a false claim; and

(C)

If the retailer owes an amount to the supplier, credit the amount of a claim to the retailer’s account. [Formerly 646.454]

Product may be returned within 30 days of delivery for full refund. (Original shipping fees are not refundable.)

Before returning product, you must obtain a Return Merchandise Authorization (RMA) number from Oregon Customer Service. Product returned without an RMA number cannot be processed.

Product returned for credit must be unused and returned in original packaging with all documentation and accessories.

Liability under this warranty is limited to replacement parts at the option of your Oregon distributor and Oregon. Please contact your Oregon distributor or us directly. Oregon products are not warranted against normal wear and tear, user abuse, improper maintenance or improper repair.

Replacement of defective product is the exclusive remedy under this warranty and any applicable implied warranty. The replacement will be undertaken as soon as reasonably possible after receipt of the defective product. To the extent permitted by law, any implied warranty of merchantability or fitness for a particular purpose applicable to this product is limited to the duration and scope of this express warranty. Oregon shall not be liable for any consequential or incidental damages. some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion of consequential damages, so the above limitation or exclusion may not apply to you.

If a company out side of Perfect Pour Services performers services on any machine under a Perfect Pour sales Warranty, the warranty will be completely void.

Under Oregon’s consumer protection regulations, customers have three business days to return a product for a full refund or exchange. Not after, refer to warranty.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PERFECT POUR COFFEE CONSULTANTS LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PERFECT POUR COFFEE CONSULTANTS LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PERFECT POUR COFFEE CONSULTANTS LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Parts Warranty.

Seller warrants the parts ordered from the Seller’s parts department to be free of defect in material or workmanship for either (1) a period of 12 months after date of shipment from the factory or (2) 2000 hrs of use or (3) the balance of the remaining new equipment warranty, whichever occurs first. With respect to parts ordered from the Seller’s parts department for Equipment that is no longer covered under this limited product warranty due to lapse of time or usage in excess of 4,000 hours of Critical Components, Seller warrants such parts to be free of defect in material or workmanship for a period of either 12 months after date of shipment from the factory or 2000 hrs of use, whichever occurs first.