Alabama Environmental Company d.b.a. ALECO® /
A Division of ES Robbins Corporation
Muscle Shoals, Alabama
CERTIFICATE OF LIMITED WARRANTY
THIS LIMITED WARRANTY is given by the ALECO division of E S Robbins Corporation, whose address is 2720 East Avalon Avenue, Muscle Shoals, AL 35661, to the original retail purchaser (PURCHASER) of an ALECO product.
I. WHAT THE WARRANTY COVERS AND FOR HOW LONG. For a period of ninety (90) days commencing of the date Purchaser receives the ALECO product, ALECO will deliver new product or product component(s) to replace any defective ALECO product or product component(s) which contain any defect which is a direct result of the material or the workmanship used in the manufacturing of the same. Purchaser must pay all assembly and installation costs necessary to replace the defective product and/or product component(s). This Limited Warranty only applies to the original retail purchaser.
WHAT THIS WARRANTY DOES NOT COVER. This Limited Warranty does not cover the following:
Damages to or defects in the product from any cause whatsoever, including but not limited to, damage resulting directly or indirectly from fires, floods, storms, accidents, acts of God, disasters, alterations, misapplications, neglect, modifications, misuse, abuse of product, improper care of product and the omissions during the installation of the product.
Incidental, consequential or direct damage or injury to real property, personal property, animals, personnel, employees or agents of purchaser; or any other incidental or consequential damages arising out of the use of the product or any defect in the materials or workmanship in the manufacturing of the product or our of any act, omission, representation, or warranty of ALECO, its agents, employees, or servants.
Normal wear and tear is not covered under the warranty.
III. REMEDIES AND LIMITATIONS. Purchaser’s sole remedy under this Limited Warranty Agreement shall be replacement of the product or component(s) thereof as set forth above. ALECO will not install the replacement product or product components. TO THE EXTENT PERMITTED BY LAW, ALECO EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMTED TO, THE IMPLIED WARANTY OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE. IN NO EVENT WILL ALECO BE LIABLE TO PURCHASER FOR DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF, OR INABILITY TO USE, SUCH PRODUCT PURCHASED OR THE BREACH OF THIS WARRANTY, ANY EXPRESS WARRANTY OR IMPLIED WARRANTY EVEN IF ALECO HAS BEEN ADVISED, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IF THE LAW DOES NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, ALECO HEREBY LIMITS THE DURATION OF ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THIRTY (30) DAYS FROM THE DATE THE PRODUCT WAS DELIVERED TO PURCHASER.
If not withstanding the above provision, there should arise any liability on the part of ALECO for implied warranties of any nature or for the express warranties other than as set forth herein or for any act or omission of ALECO or its agents or employees, such liability shall be limited to an amount equal to Two Hundred and Fifty Dollars and no/100 ($250.00). Such liability is fixed as liquidated damages and not as a penalty and this liability shall be completed and exclusive. The provisions of this paragraph shall apply to all loss or damage of whatever nature arising from any act, omission, representation, warranty, and agreement of ALECO, its agents or employees. Purchasers acknowledge that it is impractical and extremely difficult to fix actual damages which may arise due to the failure of the product. Therefore, Purchaser agrees to this liquidation damage clause if, notwithstanding the provisions hereinabove, there should arise any liability on the part of ALECO other than expressly set forth in this Limited Warranty. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMIATION MAY NOT APPLY TO THE PURCHASER. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO PURCHASER. Notwithstanding anything to the contrary contained herein, this Limited Warranty and the rights and obligations of the parties hereunder shall be construed in accordance with and be governed by the laws of the State of Alabama.
Some product or components may no longer be available. In warranties involving discontinued product or components, ALECO will provide, at its discretion, a product or component with the specifications that most closely match the original type purchased or if no replacement is available, ALECO may retract the warranty.
IV. HOW TO OBTAIN SERVICE. If a problem with ALECO product develops during the warranty period, call ALECO at 1-800-633-3120. Inform the ALECO representative that you have purchased the product and are protected under this warranty. Leave your name, address, telephone number and a description of the nature of the defect with the representative. The ALECO representative will give you a Return Authorization (RA) number which you should reference in all transactions involving the product or product component(s). In addition, you must send a letter, and proof of purchase, by certified or registered mail to ALECO Division, E S Robbins Corporation, 2802 East Avalon Avenue, Muscle Shoals, AL 35661, containing the information which you delivered over the telephone. ALECO will ship the replacement product or product component(s) within thirty (30) days of receipt of the written request, unless prohibited from doing so by an act of God, strike, boycott, unavailability of parts and materials, or any other activity beyond its control, in which case, ALECO will diligently pursue its obligations hereunder. Purchaser will be invoiced (billed) for the sales price of the replacement product or product component(s) at the time of shipment of such, and Purchaser’s account will be credited for the replacement product or product component(s) upon receipt and inspection of the defective product or product component(s) at such time as they are determined to be defective by ALECO.
V. SPECIFIC LEGAL RIGHTS. This Limited Warranty gives you, the Purchaser, specific legal rights and you may also have other rights which vary from state to state.
VI. WHERE TO GET FURTHER HELP. If you wish further help or information concerning this Limited Warranty, contact this warrantor, ALECO Division, E S Robbins Corporation, at the above stated address, and describe yourself as the bearer of the Limited Warranty.
VII. ONLY WARRANTY. THIS IS THE ONLY WARRANTY GIVEN BY ALECO. YOU HEREBY ACKNOWLEDGE THAT THERE ARE NO GUARANTEES, WARRANTIES, UNDERSTANDINGS OR REPRESENTATIONS MADE BY ALECO OR E S ROBBINS CORPORATION THAT ARE NOT SET FORTH IN THIS DOCUMENT.