Limited Warranty
EarthWay Products, Inc. provides this limited warranty that this product is free of defects in original workmanship and materials for a period of one year to the end user with the original purchase receipt. If a manufacturing non-conformance is found, EarthWay Products, Inc. at its discretion will repair or replace the part(s)/product at no charge provided the failure is not the result of incorrect installation, mishandling, misuse, tampering, improper storage, or normal wear and tear as determined by EarthWay. Due to the corrosive nature of most fertilizers and ice melt products, EarthWay Products, Inc. makes no warranty against and specifically excludes part(s) or product degradation or failure due to corrosion or its effects.
EarthWay at its discretion may require that the part(s) or product be returned along with the original purchase receipt for examination and compliance with the terms of this limited warranty. Do not return any product without first receiving authorization from EarthWay Products, Inc. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
To seek remedy under this limited warranty, contact EarthWay Products, Inc. at [email protected] or write to EarthWay Products, Inc. 1009 Maple Street, Bristol, IN 46507, and describe the nature of the manufacturing defect. SPECIFIC LIMITATIONS: This limited warranty covers only the part(s) or product; any labor charges associated with the repair or replacement of non-conformances are specifically excluded.
The above-listed warranty procedure is a condition precedent to bringing any legal action to enforce this limited warranty. Any action to enforce any portion of this limited warranty must be commenced within ninety days after the expiration of the limited warranty coverage period. Any performance of repairs will not suspend this limitation period from expiring unless state law provides otherwise. Any performance of repairs after the limited warranty coverage period has expired, or performance of repairs regarding anything excluded from coverage under this limited warranty shall be considered “goodwill” repairs, and they will not change the express terms of this limited warranty or extend the limited warranty coverage period.
Exclusive jurisdiction for deciding legal disputes relating to alleged breach of warranty or representations of any nature relating to this limited warranty must be filed in the courts of Elkhart County within the State of Indiana. Any and all claims, controversies, and causes of action arising out of or relating to this limited warranty, whether sounding in contract, tort, or statute, will be governed by the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule. NO OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, SHALL APPLY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, APPLICATION, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY OBLIGATION ON THE PART EARTHWAY, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. In the event that applicable law prevents the disclaimer of any implied warranties, then such implied warranty shall be limited to the fullest extent permitted by law. Without limiting the foregoing, if applicable prevents the disclaimer of any such implied warranties, this limited warranty limits the period of time in which a claim for breach of implied warranties, including but not limited to the implied warranty of merchantability or fitness for a particular purpose, may be filed. In such event, any claim for breach of implied warranty must be brought before the expiration of this express limited warranty’s one-year term.
