Lifetime Warranty

 

Sioux Chief Manufacturing Company, Inc. warrants that products manufactured by it will be free from defects in material and workmanship during the lifetime of the plumbing system in which they were originally incorporated and will, at its option, repair, replace, or supply credit to any purchaser of any product that appears, to the Company’s satisfaction, to have been defective in material or workmanship and covered by the Company’s warranty. This warranty shall be effective only if the product (1) was installed in accordance with supplied instructions, common installation or use practices and existing building and plumbing codes, (2) has not been subjected to misuse or abuse, (3) was at all times used in a manner consistent with its intended use, (4) was never modified, altered, or repaired by anyone other than Sioux Chief, and (5) was properly subjected to and passed applicable testing methods (including pressure testing for potable water and drainage systems) immediately after the product’s installation, (6) was not damaged by freezing, corrosion or U.V. degradation and (7) was never damaged or materially changed by an uncontrollable, outside influence or natural phenomenon. This warranty excludes all costs arising from routine maintenance, including the replacement of any parts required by such maintenance and the replacement of parts required by normal wear and tear. This warranty does not obligate Sioux Chief to bear any transportation, removal or installation charges in connection with the inspection, repair or replacement of defective parts, other than the cost or cost-equivalent of the defective Sioux Chief-manufactured product. Sioux Chief also reserves the right to modify, alter or improve their product, or parts thereof, at any time without incurring an obligation to notify or modify, alter, improve or replace any product, or parts thereof, previously sold. This warranty is the purchaser’s exclusive remedy.

 

THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ANY EXPRESS WARRANTY NOT PROVIDED HEREIN, AND ANY REMEDY WHICH BUT FOR THE WARRANTY CONTAINED HEREIN MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW, IS HEREBY EXCLUDED AND DISCLAIMED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE, IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THEIR RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER, AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER ADDITIONAL EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITED SELLER’S LIABILITY. 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. SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF PURCHASERS NEGLIGENCE, WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.