Stormwater Management and Treatment Warranty Arrangement

Warranty Arrangement

Warranty Coverage:

The Fabco Industries, Inc (Fabco) Limited Warranty applies to stormwater products manufactured or distributed by Fabco. The product purchased shall be free from defects in material and workmanship from the date of shipment by Fabco for the duration of the warranty.

Duration of Warranty:

The Fabco Industries, Inc. Limited warranty is for 10 years.*

*Ready-Fit StormSack limited warranty is for 5 years.

Terms of the Warranty:

Fabco warrants that the product you have purchased from Fabco or a Fabco authorized reseller is free from defects in materials and workmanship under normal use during the warranty period. The warranty period begins on the day of shipment from Fabco.

The warranty extends only to the original purchaser. It is not transferable to anyone who subsequently purchases the product from you. It excludes all expendable parts.

Within the period of this warranty, Fabco Industries will repair or replace, free of charge; any part proving defective in material or workmanship. All warranty repairs and service must be performed by Fabco Industries or a Fabco authorized reseller.

Warranty Exclusions: This Limited Warranty extends only to products purchased from Fabco or a Fabco authorized reseller.

The warranty does not apply but is not limited to any costs, repairs, or services detailed in the following examples:

• Service calls to correct the installation of the Covered Product (unless installed by Fabco Industries, Inc), or to explain the usage of the product to the buyer.
• Repairs necessitated by accident, misuse, abuse, alterations, operation outside the usage parameters or improper installation.
• Corrective work necessitated by repairs made by anyone other than a Fabco Industries authorized service technician.
• Expendable parts such as but not limited to Filter Cartridges, Filter media and oil absorbent booms.
• Damage from failure to perform preventative maintenance as imposed by the application Environment. Coverage also does not include normal cosmetic and other signs mechanical wear and tear.
• Damage from use of parts not manufactured or sold by Fabco
• Damage from modification or incorporation into other products without prior approval by Fabco or an authorized reseller

How to Obtain Warranty Service:

Upon discovery of any defect, malfunction, or nonconformity in the Covered Product, the buyer may contact Fabco Industries, or if known, its’ Fabco authorized reseller and request a service, repair, or replacement.

If warranty coverage is agreed to the buyer may be required to return the damaged item to Fabco. In this situation carefully pack the Covered Product, preferably in the original packing materials and deliver it, together with a copy of the original purchase receipt and a description of the problem, to:

390 Oser Avenue, Hauppauge, NY 11788 -Tel: 1 631-393-6024

If the buyer sends the product by U.S. mail or other commercially available shipping company, we recommend that the buyer insure it and send it with the return receipt. We accept no liability for products lost or misplaced in shipment.

Notice to Buyer:

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You have the right to bring any action at law or equity to resolve disputes concerning or to enforce the provisions of this warranty.

If the buyer disagrees over either’s performance under the terms of this warranty, the buyer may submit the matter for resolution to Fabco Industries. The buyer shall not be responsible for expenses incurred in submitting a dispute for resolution under the terms of this paragraph. The buyer is required to submit any dispute for resolution under this paragraph before pursuing any legal remedies to which he or she may be entitled.

Limitations of Warranty

TO THE EXTENT ALLOWED BY LOCAL LAW, NEITHER FABCO NOR ITS AUTHORZIED DISTRIBUTORS MAKES ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE

Limitations of Liability

TO THE EXTENT ALLOWED BY LOCAL LAW, EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THIS WARRANTY STATEMENT, IN NO EVENT SHALL FABCO OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Fabco Industries, 390 Oser Avenue, Hauppauge, NY 11788