IMPORTANT: WHEN Altus Brands (AB), AS DESCRIBED IN SECTION 9 BELOW, COVERS SERVICE UNDER WARRANTY, THE TERMS OF THE WARRANTY WILL GOVERN SERVICE. PLEASE READ THESE REPAIR TERMS AND CONDITIONS CAREFULLY IF PE DOES NOT COVER SERVICE (NON-COVERED SERVICE).
- Service. AB will service your AB product as described to you for the estimated charges stated (unless such charges are revised with your prior oral or written consent). As part of the service AB may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, AB may use new, used or refurbished parts or products. AB will retain the replaced part or product that is exchanged under service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by AB for value. If applicable law requires AB to return a replaced item to you, you agree to pay AB the additional cost of the replacement item.
- Service Options. AB may facilitate service through one or more of the following options:
- Direct mail-in service. If AB determines that your product is eligible for mail-in service, AB customer service personnel will assign a return merchandise authorization number (RMA) and direct you to ship the product, insured, to our repair facility. Once service is complete, the AB repair service location will return the repaired product or provide a replacement product to you. AB will inform you of all applicable charges as per the AB warranty prior to issuing the RMA.
- Do-It-Yourself Parts service allows you to service your own product. If Do-It-Yourself Parts service is available in the circumstances, AB will ship you a replacement part accompanied by instructions on installation and any requirements for the return of the replaced part. If you fail to return the replaced part as instructed, you will be charged a non-return fee as agreed by you at the time you authorized service. When AB does not require the return of the replaced part, AB will ship you a replacement part accompanied by instructions on installation and any requirements for the disposal of the replaced part. AB is not responsible for any labor costs relating to Do-It-Yourself Parts service.
AB reserves the right to change at any time the method by which AB may provide service to you.
- Service Exclusions and Diagnostic Fee. AB may charge you a diagnostic fee including shipping charges, of no more than twenty-nine ($29.95) dollars and ninty-five cents US, (“Diagnostic Fee”), plus applicable tax, if AB inspects your product and determines based on the inspection that the product does not require service. If AB determines, while inspecting your product, that service is needed due to the failure of parts that are not supplied by AB, AB may return the product to you without servicing it, and may charge you the Diagnostic Fee plus applicable sales tax. If service requires additional labor or parts that were not specified in the estimated charges, AB will ask for your approval of a revised estimate. If you do not agree that AB may revise the estimated charges, AB will return your product and may charge you the Diagnostic Fee plus applicable sales tax. AB reserves the right to refuse service on products that have serial numbers altered, defaced or removed or that are damaged due to accident, abuse, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than AB or an AB Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes. In such event, AB may return the product to you without servicing it, and may charge you the Diagnostic Fee, plus applicable tax.
- Payment. Unless your service is covered by AB’s warranty, you will pay the estimated charges stated when you authorized service. Your payment is due prior to beginning service to repair the damaged product. The estimated charges include all parts, labor, and shipping required for service, plus applicable tax.
- Abandoned Product. Unless you provide alternative instructions, AB will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to AB because delivery could not be completed at the address given, AB will attempt to contact you for an alternative mailing address. If you do not provide an address at which AB or its agent may deliver your product within sixty (60) days after the original delivery attempt, AB will notify you that it considers your product to be abandoned. AB will send notice to the mailing address you furnished when you authorized service. In the event that your product is abandoned, AB may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. AB reserves its statutory and any other lawful liens for unpaid charges.
- Warranty. In servicing your product, AB warrants (1) that service will be performed in a workmanlike manner and (2) that all parts or products used in the service will be free from defects in materials and workmanship for the remainder of the original warranty period. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the warranty period, at its option, AB will (1) repair the part or product, using new, used or refurbished replacement parts, or (2) replace the part or product with a new, used or refurbished equivalent part or product, or (3) refund the sums paid to AB for the service.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND PARTS OR PRODUCTS PROVIDED. AB SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF AB CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.
- Limitation of Liability. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN AB’S CUSTODY, AB’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE AB’S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR PRODUCT, WHETHER DUE TO AB’S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY AB FOR SUCH SERVICE. AB HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR REVENUE. AB HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST AB IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID PE FOR THE SERVICE.
- Availability of Service. Service under these Repair Terms and Conditions is offered and valid only to residents located in the fifty states of the United States of America, the District of Columbia and Canada. Service under these Repair Terms and Conditions is not available where prohibited by law and is offered in the United States of America by Altus Brands, LLC.
- Governing Law. Without regard to its conflict of law provisions, the laws of the state of Michigan govern these Repair Terms and Conditions for residents of the United States of America and the laws of the province of Ontario govern these Repair Terms and Conditions for residents of Canada.
- Conflict of Terms; Services in English. In the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.
- Complete Agreement; Severability; Force Majeure. These terms and conditions govern AB’s service obligation. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to AB. AB does not authorize any variance or modification of these Repair Terms and Conditions. If any provision of these Repair Terms and Conditions is held to be illegal or unenforceable, that provision will be deemed to have never been part of the Repair Terms and Conditions, and the remaining terms and conditions will continue to be enforceable. AB is not responsible for any failures or delays in performing Service that are due to events outside AB’s reasonable control.