ANTHONY WELDED PRODUCTS INC. warrants that the product or equipment furnished will be free from defects in design, material and workmanship for one year after receipt of the product. If the warranty is breached, ANTHONY will correct defective design, workmanship or material by repair F.O.B. factory, or, at its sole option, replacement of the product or equipment, F.O.B. factory. Any repaired or replaced part or product shall be similarly warranted for an additional year from time of such repair or replacement, provided, however, in no event shall the warranty period on any such part or parts or product extend beyond 24-months from date of initial purchase.
ANTHONY shall have no obligations for breach of warranty if the purchaser fails to store, operate or maintain the product or equipment in accordance with (a) generally approved industry practices; or (b) the provisions of OSHA regarding storage, operation or maintenance; or (c) if purchaser fails to notify ANTHONY in writing as soon as any defect becomes apparent.
The express warranty and remedy set forth herein are exclusive and no other warranty or remedy of any kind, whether statutory, written, oral, express or implied, including the warranties of fitness for a particular purpose or merchantability of the Uniform Commercial Code, shall apply. The purchaser’s exclusive remedy and ANTHONY’S sole obligation after acceptance of the product or equipment shall be only as stated herein.
The Federal law known as the Magnuson-Moss Warranty Act is applicable only to “consumer products” manufactured after July 4, 1975, and requires any limitations of a warranty to be identified as a Limited Warranty. A “consumer product” under this act means… any tangible personal property which is distributed in commerce and which is normally used for personal, family or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed). “Not all ANTHONY products or equipment fall within the definition of the Act of “consumer product”. However, this notice of the limitation of warranty applies to all ANTHONY products or equipment, whether or not they fall within the definition, and therefore complies with the notice requirement of the Magnuson-Moss Warranty Act. This warranty does not and cannot cover damage from negligence, unauthorized repair, rust, deterioration, corrosive chemicals, misuse, abuse, or accident.
Notify ANTHONY immediately, in writing, regarding any part, product or equipment in question, supplying full information such as; (1) detailed nature of claim, including identity of product, part or equipment; (2) date of purchase; (3) date of receipt of shipment; (4) inspection prior to acceptance; (5) identity of shipper; (6) maintenance and repair schedule, if any, as applicable. DO NOT RETURN SHIPMENTS PRIOR TO ANTHONY’S AUTHORIZATION, IF ANY IS GIVEN, AS THIS WARRANTY DOES NOT COVER UNAUTHORIZED TRANSPORTATION EXPENSE TO AND FROM ANTHONY. REPAIR AND/OR REPLACEMENT UNDER THIS WARRANTY ARE SOLELY AT THE EXPENSE OF PURCHASER.
Except to the extent prohibited by applicable law, all warranties other than this express Limited Warranty, whether implied, oral, written, express, or statutory warranties in connection with each product, part or equipment, including the UCC implied warranties of merchantability or fitness for a particular purpose, do no apply. No responsibility or liability is assumed by ANTHONY for any special, incidental or consequential damages sustained in connection with each product.
As of July 1975, as applicable, and as of April 1, 2002, this Limited Warranty replaces and supersedes any and all prior negotiations, proposals, agreements and warranties, and is the only warranty made by ANTHONY on its products, parts or equipment, unless otherwise provided in a separate written agreement signed by ANTHONY and purchaser. No other warranties, express, implied, statutory, written or oral, are assumed, authorized or provided by ANTHONY WELDED PRODUCTS, INC.