ACS Irrigation 100% Limited Warranty

ACS Irrigation warrants to the Original Purchaser of the ACS Irrigation product, repair and or installation (herein called the “Unit”) that such Unit, and all parts thereof, will be free from defects in material and workmanship under normal use and service for a period of one month from the date of installation of the parts to the Original Purchaser or one month from the date of repair. During this month period ACS Irrigation will repair or replace any defective part which ACS Irrigation determines was defective due to faulty material or bad installation workmanship. During this one month warranty period, ACS Irrigation will, subject to the limits set forth below, pay labor, crating, and freight incurred in the removal of the Unit of defective component and shipment to ACS Irrigation. A maximum of 1-hour is allowed to diagnose a defective component. A maximum of 1-hour is allowed for retrieval of parts not in stock. A maximum travel distance of 100 miles round trip and 2-hours will be reimbursed. Overtime, installation/ start-up, normal control adjustments, general maintenance, glass breakage, freight damage, delayed site entry because of security or hours of operation and/or correcting an end-user installation error will not be reimbursed under warranty unless pre-approved with a Service Work Authorization from ACS Irrigation. ACS Irrigation will pay the return costs if the Unit or part thereof was defective. The term “Original Purchaser” as used herein means that person, firm, association, or corporation for whom the Unit was originally installed. This warranty does not apply to any Unit or part thereof that has been subjected to misuse, neglect, alteration, or accident, such as accidental damage to the exterior finish, operated contrary to the recommendations specified by ACS Irrigation; or repaired or altered by anyone other than ACS Irrigation in any way so as to, in ACS Irrigation’s sole judgment, affect its quality or efficiency. This warranty does not apply to any Unit that has been moved from the location where it was originally installed. ACS Irrigation neither assumes, nor authorizes any other person to assume for ACS Irrigation, any other liability in connection with ACS Irrigation’s products. Removal or defacement of the original Serial Number or Model Number from any Unit shall be deemed to release ACS Irrigation from all obligations here under or any other obligations, express or implied.  Parts furnished by suppliers to ACS Irrigation are guaranteed by ACS Irrigation only to the extent of the original manufacturer’s express warranty to ACS Irrigation. Failure of the Original Purchaser to receive such manufacturers warranty shall in no way create any warranty, expressed or implied, or any other obligation or liability on ACS Irrigation’s part in respect thereof. Under no condition does this warranty give the Original Purchaser the right to replace the defective Unit with a complete Unit of the same manufacturer or of another make. Unless authorized by ACS Irrigation in writing, this warranty does not permit the replacement of any part to be made with the part of another make or manufacturer. No claims can be made under this warranty for spoilage of any products for any reason, including system failure. ACS Irrigation will not be responsible for structural changes or damages incurred during installation of the Unit or any exhaust system. ACS Irrigation shall not be liable in any manner for any default or delay in performance here under caused by or resulting from any contingency beyond ACS Irrigation’s control, including, but not limited to, war, governmental restrictions or restraints, strike, lockouts, injunctions, fire, flood, acts of nature, short or reduced supply of raw materials, or discontinuance of the parts by the original part manufacturer. Except as provided in the Service Labor Contract, if applicable, the preceding paragraphs set forth the exclusive remedy for all claims based on failure of, or defect for ACS Irrigation products sold here under, whether the failure or defect arises before or during the warranty period, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability, implied by statute, common-law or otherwise , and ACS Irrigation and its agents shall not be liable for any claims for personal injuries or consequential damages or loss, howsoever caused. Upon the expiration of the warranty period, all such liability shall terminate. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY, ACS Irrigation DOES NOT WARRANT ANY PRODUCTS OR SERVICES OF OTHERS This warranty supersedes and excludes any prior oral or written representations or warranties. The sole and exclusive remedies of any person relating to the Unit, and the full liability of ACS Irrigation for any breach of this warranty, will be as provided in this warranty. Other than this ACS Irrigation One Month Limited Warranty, any applicable ACS Irrigation Service Labor Contract, the Original Purchaser agrees and acknowledges that no other warranties are offered or provided in connection with or for the Unit or any other part thereof. The liability of ACS Irrigation for breach of any warranty obligation here under is limited to: (i) the repair or replacement of the ACS Irrigation Product on which the liability is based, or with respect to services, re-performance of the services; or (ii) at ACS Irrigation’s option, the refund of the amount paid for said equipment or services. Any breach by ACS Irrigation with respect to any item or unit of equipment or services shall be deemed a breach with respect to that item or unit or service only IN NO EVENT WILL ACS Irrigation BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES. If shipment of a replacement part is requested prior to the arrival in the ACS Irrigation factory of the part claimed to be defective, the Original Purchaser must accept delivery of the replacement part on a C.O.D. basis, with credit being issued after the part has been received and inspected at ACS Irrigation’s plant and determined by ACS Irrigation to be within this

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ACS Irrigation warrants to the Original Purchaser of the ACS Irrigation product, repair and or installation (herein called the “Unit”) that such Unit, and all parts thereof - Read More