This
12 year limited parts warranty is effective for new Avian Averting System
installs occurring after March 1st of 2015.
For complete limited warranty exclusions and limitations, please contact Avian Flyaway Inc. toll free at 800-888-0165 or by email.
FOR
ALL CUSTOMERS.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED
PARTS WARRANTY, AND WE DO NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR SYSTEMS NOT BEING
AVAILABLE FOR USE, OR FOR DAMAGES. AVIAN FLYAWAY INC DOES NOT WARRANT THAT THE
OPERATION OF ANY AVIAN FLYAWAY INC SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE.
OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT OF FAIR MARKET VALUE OF WORKABLE
REPLACEMENT PARTS FOR THE SPECIFIC SYSTEM THAT IS THE SUBJECT OF A CLAIM. THIS
IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.
SOME
STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
FOR
CONSUMERS.
This section applies if you purchase Avian Flyaway Avian Averting System for
residential or household purposes.
THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE OR JURISDICTION TO
JURISDICTION.
AVIAN
FLYAWAY INC.’S RESPONSIBILITY FOR BREAKAGE IN COVERED PARTS IS LIMITED TO
REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT.
TO
THE EXTENT NOT PROHIBITED BY LAW IN YOUR STATE, PROVINCE, JURISDICTION OR
COUNTRY, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN,
STATUTORY, EXPRESS OR IMPLIED.
EXCEPT
FOR THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT AND TO THE
EXTENT NOT PROHIBITED BY LAW, AVIAN FLYAWAY INC DISCLAIMS ALL OTHER WARRANTIES
AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT
DEFECTS. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW
DISCLAIMERS OF IMPLIED WARRANTIES AND CONDITIONS, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU.
TO
THE EXTENT SUCH WARRANTIES AND CONDITIONS CANNOT BE DISCLAIMED UNDER THE LAWS
OF THE UNITED STATES, CANADA (AND ITS PROVINCES) OR OTHERWISE, AVIAN FLYAWAY
INC LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES AND CONDITIONS TO THE
DURATION OF THIS EXPRESS LIMITED WARRANTY (AS REFLECTED ON YOUR PROPOSAL,
INVOICE, RECEIPT OR OTHER SALES DOCUMENTATION) AND, AT AVIAN FLYAWAY INC'S
OPTION, THE REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES, PROVINCES,
JURISDICTIONS OR COUNTRIES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY OR CONDITION MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY
TO YOU.
NO
WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE
LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES, PROVINCES, JURISDICTIONS OR
COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THIS LIMITATION MAY NOT APPLY TO YOU.
ADDITIONAL
TERMS FOR U.S. CONSUMERS. YOU MAY CANCEL ANY RENEWED, EXTENDED OR ENHANCED
WARRANTY BY PROVIDING TO AVIAN FLYAWAY INC AT LEAST THIRTY (30) DAYS WRITTEN
NOTICE OF THE DECISION TO CANCEL. AVIAN FLYAWAY INC WILL ISSUE A REFUND TO YOU
FOR ANY UNUSED PORTION OF THE WARRANTY TERM FOR WHICH YOU HAVE PAID. IF MORE
THAN THIRTY (30) DAYS HAVE TRANSPIRED FOR THE CURRENT WARRANTY YEAR, THEN A
REFUND WILL NOT BE PAID FOR THAT CURRENT WARRANTY YEAR.
|