ELK Products Warranty & Limitations
LIFETIME LIMITED WARRANTY (EXCEPT CONTROLS, WATER SHUTOFF VALVES & BATTERIES, SEE BELOW)
ELK PRODUCTS, INC. (“MANUFACTURER”) WARRANTS TO THE ORIGINAL PURCHASER (THE “CUSTOMER”) THAT THE PRODUCTS IT MANUFACTURES (“PRODUCT”) SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AT TIME OF SHIPMENT. MANUFACTURER’S OBLIGATIONS UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING, AT ITS OPTION, FREE OF CHARGE, ANY PRODUCT RETURNED TO MANUFACTURER FREIGHT PREPAID. MANUFACTURER SHALL HAVE NO OBLIGATION UNDER THIS LIMITED WARRANTY OR OTHERWISE IF (1) THE PRODUCT HAS BEEN DAMAGED BY NEGLIGENCE, ACCIDENT, MISHANDLING, LIGHTNING OR FLOOD, OR OTHER ACTS OF GOD, (2) THE PRODUCT HAS NOT BEEN OPERATED IN ACCORDANCE WITH ITS OPERATING INSTRUCTIONS, (3) THE PRODUCT HAS BEEN ALTERED OR REPAIRED BY ANYONE OUTSIDE MANUFACTURER’S AUTHORIZED FACILITIES (4) ADAPTATIONS OR ACCESSORIES HAVE BEEN MADE OR ATTACHED TO THE PRODUCT WHICH, IN MANUFACTURER’S SOLE DETERMINATION, HAVE ADVERSELY AFFECTED ITS PERFORMANCE, SAFETY OR RELIABILITY. PRODUCTS SUCH AS CONTROLS AND BATTERIES HAVE THEIR OWN WARRANTIES.
M1 LIMITED WARRANTY
THE ELK-M1 CONTROL FAMILY, EXCLUDING ITEMS LISTED UNDER EXCEPTIONS, ARE WARRANTED BY ELK PRODUCTS, INC. (“MANUFACTURER”) AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF MANUFACTURE OR PROOF OF PURCHASE DATE. AFTER THE EXPIRATION OF THE WARRANTY PERIOD, PRODUCT SHALL BE SUBJECT TO REPAIR CHARGES CONSISTING OF EVALUATION, PARTS, REPAIR LABOR AND FREIGHT. EXCEPTIONS: THE FOLLOWING ELK-M1 PRODUCTS ARE WARRANTED AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE (1) YEAR: ELK-M1KPNAV NAVIGATOR TOUCHSCREEN KEYPAD.
MANUFACTURER’S OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING AT ITS OPTION, FREE OF CHARGE, ANY PRODUCT RETURNED TO THE MANUFACTURER DURING THE STATED WARRANTY PERIOD(S), FREIGHT PREPAID BY CUSTOMER. MANUFACTURER SHALL HAVE NO OBLIGATION UNDER THIS LIMITED WARRANTY OR OTHERWISE IF (1) THE PRODUCT HAS BEEN DAMAGED BY NEGLIGENCE, ACCIDENT, MISHANDLING, LIGHTNING, ELECTRICAL SURGE, FLOOD, OR OTHER ACTS OF GOD, (2) THE PRODUCT HAS NOT BEEN OPERATED IN ACCORDANCE WITH ITS OPERATING INSTRUCTIONS, (3) THE PRODUCT HAS BEEN ALTERED OR REPAIRED BY ANYONE OUTSIDE MANUFACTURER’S AUTHORIZED FACILITIES, (4) ADAPTATIONS OR ACCESSORIES HAVE BEEN MADE OR ATTACHED TO THE PRODUCT WHICH, IN MANUFACTURER’S SOLE DETERMINATION, HAVE ADVERSELY AFFECTED ITS PERFORMANCE, SAFETY OR RELIABILITY.
IF CUSTOMER BELIEVES A M1 PRODUCT HAS MALFUNCTIONED OR FAILED WITHIN THE WARRANTY PERIOD, HE SHOULD CONTACT ELK TECHNICAL SUPPORT DIRECTLY. IF NECESSARY A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER WILL BE ISSUED. ALL RETURNS MUST BE FREIGHT PREPAID BY THE CUSTOMER AND MUST INCLUDE A COMPLETE DESCRIPTION OF THE PROBLEM OR CONDITION. THE RMA NUMBER MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE PACKAGE. MANUFACTURER WILL NOT BE RESPONSIBLE FOR ANY UNNECESSARY ITEMS INCLUDED WITH A RETURNED PRODUCT. UNDER NO CIRCUMSTANCES SHALL ANY AUTHORIZED ELK DISTRIBUTOR BE EXPECTED OR AUTHORIZED TO REPLACE A DEFECTIVE OR DAMAGED M1 PRODUCT WITH A NEW OR REPLACEMENT PRODUCT. AN AUTHORIZED ELK DISTRIBUTOR THAT REPLACES A PRODUCT ON HIS OWN SHALL BE DOING SO AT HIS OWN RISK, AS THE FINAL DETERMINATION OF WARRANTY STATUS RESTS SOLELY WITH ELK.
SPECIAL NOTES: ISSUANCE OF A RMA ONLY FACILITATES TRACKING OF RETURNED PRODUCT. IT DOES NOT CONSTITUTE ELK’S AGREEMENT TO REPAIR OR REPLACE SAID PRODUCT. UPON INSPECTION AT ELK’S FACILITIES, INSTALLER SHALL BE ADVISED OF THE RMA STATUS WITH REGARDS TO RETURNED PRODUCT. ELK’S WARRANTY DOES NOT PROVIDE FOR ADVANCED REPLACEMENTS. IF CUSTOMER NEEDS A PRODUCT TO PROVIDE SERVICE ON AN INSTALLATION PRIOR TO THE DETERMINATION OF THE RMA, CUSTOMER MUST PURCHASE THE PRODUCT DIRECTLY FROM AN ELK DISTRIBUTOR. IF DISTRIBUTOR DOES NOT HAVE STOCK AND THE INSTALLER WISHES TO PURCHASE THE NEW PRODUCT DIRECTLY FROM ELK, IT IS STILL CONSIDERED A NEW PRODUCT AND NOT PART OF THE RMA PROCESS. THE PRODUCT WILL BE AT STANDARD PRICE FOR ITEM AND WILL BE BILLED TO CUSTOMER’S CREDIT CARD. NO CREDIT WILL BE ISSUED AGAINST THE PURCHASE OF THIS NEW PRODUCT FOR ANY REASON.
THIS WARRANTY IS THE EXCLUSIVE WARRANTY FOR ANY M1 FAMILY PRODUCT. MANUFACTURER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. MANUFACTURER SHALL NOT BE LIABLE IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR PROPERTY. MANUFACTURER’S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATION UNDER THIS LIMITED WARRANTY OR ANY OTHER LIABILITY IN CONNECTION WITH A PRODUCT SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE RECEIVED BY MANUFACTURER FOR THE PRODUCT. THE REMEDIES STATED IN THIS LIMITED WARRANTY ARE THE CUSTOMER’S EXCLUSIVE REMEDIES AGAINST MANUFACTURER REGARDING ANY PRODUCT. UNDER NO CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, INCONVENIENCE OR INTERRUPTIONS IN OPERATIONS, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND. THESE LIMITATIONS AND DISCLAIMERS ARE NOT MADE BY MANUFACTURER WHERE PROHIBITED BY LAW. SOME STATES PROHIBIT LIMITATIONS OF WARRANTIES AND THE CUSTOMER MAY HAVE ADDITIONAL RIGHTS IN THOSE STATES.
WATER SHUTOFF VALVE (ELK-WSV2) WARRANTY
ELK PRODUCTS, INC. (“MANUFACTURER”) WARRANTS TO THE ORIGINAL PURCHASER (THE “CUSTOMER”), THAT THE ELK-WSV SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF MANUFACTURE. MANUFACTURER’S OBLIGATIONS UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO REPAIRING OR REPLACING, AT ITS OPTION, FREE OF CHARGE, PRODUCT RETURNED TO MANUFACTURER FREIGHT PREPAID.
BATTERY LIMITED WARRANTY
ELK PRODUCTS, INC. (“MANUFACTURER”) WARRANTS TO THE ORIGINAL PURCHASER (THE “CUSTOMER”), THAT IT’S BATTERIES SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF MANUFACTURE. MANUFACTURER’S OBLIGATIONS UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO REPLACING, AT ITS OPTION, FREE OF CHARGE, PRODUCT RETURNED TO MANUFACTURER FREIGHT PREPAID.
OBLIGATION
MANUFACTURER SHALL HAVE NO OBLIGATION UNDER THE STATED WARRANTIES OR OTHERWISE IF (1) THE PRODUCT HAS BEEN DAMAGED BY NEGLIGENCE, ACCIDENT, MISHANDLING, LIGHTNING OR FLOOD, OR OTHER ACTS OF GOD, (2) THE PRODUCT HAS NOT BEEN OPERATED IN ACCORDANCE WITH ITS OPERATING INSTRUCTIONS, (3) THE PRODUCT HAS BEEN ALTERED OR REPAIRED BY ANYONE OUTSIDE MANUFACTURER’S AUTHORIZED FACILITIES (4) ADAPTATIONS OR ACCESSORIES HAVE BEEN MADE OR ATTACHED TO THE PRODUCT WHICH, IN MANUFACTURER’S SOLE DETERMINATION, HAVE ADVERSELY AFFECTED ITS PERFORMANCE, SAFETY OR RELIABILITY.
OBTAINING WARRANTY
IF A PRODUCT SHOULD MALFUNCTION OR FAIL DURING IT’S WARRANTY PERIOD, CONTACT MANUFACTURER OR ONE OF ITS AUTHORIZED DISTRIBUTORS FOR A RETURN AUTHORIZATION (RA) NUMBER. RETURNED PRODUCTS MUST INCLUDE A COMPLETE DESCRIPTION OF THE PROBLEM, ALONG WITH THE RA NUMBER CLEARLY MARKED ON OUTSIDE OF THE PACKAGE. MANUFACTURER WILL NOT BE RESPONSIBLE FOR ANY UNNECESSARY ITEMS INCLUDED WITH ANY RETURNED PRODUCT.
IMPORTANT NOTICE TO BUYERS: TO ENSURE THAT CUSTOMERS OBTAIN PROPER SERVICE AND SUPPORT, ELK PRODUCTS INC. SELLS ITS PRODUCTS ONLY THROUGH AUTHORIZED RESELLERS. ANY ELK PRODUCTS PURCHASED FROM AN UNAUTHORIZED SOURCE WILL NOT BE COVERED UNDER ELK PRODUCTS’ EXISTING WARRANTY POLICY. ANY SALE OF PRODUCTS BY AN UNAUTHORIZED SOURCE OR OTHER MANNER NOT AUTHORIZED BY ELK PRODUCTS, INC. WILL VOID THE WARRANTY ON THE APPLICABLE PRODUCT. FOR A LIST OF AUTHORIZED RESELLERS, CLICK WHERE TO BUY.
THIS WARRANTY IS THE EXCLUSIVE WARRANTY FOR ANY PRODUCT. MANUFACTURER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. MANUFACTURER SHALL NOT BE LIABLE IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, AND SHALL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR PROPERTY. MANUFACTURER’S LIABILITY FOR FAILURE TO FULFILL ITS OBLIGATION UNDER THIS LIMITED WARRANTY OR ANY OTHER LIABILITY IN CONNECTION WITH A PRODUCT SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE RECEIVED BY MANUFACTURER FOR THE PRODUCT. THE REMEDIES STATED IN THIS LIMITED WARRANTY ARE THE CUSTOMER’S EXCLUSIVE REMEDIES AGAINST MANUFACTURER REGARDING ANY PRODUCT. UNDER NO CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES, INCONVENIENCE OR INTERRUPTIONS IN OPERATIONS, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND. THESE LIMITATIONS AND DISCLAIMERS ARE NOT MADE BY MANUFACTURER WHERE PROHIBITED BY LAW. SOME STATES PROHIBIT LIMITATIONS OF WARRANTIES AND THE CUSTOMER MAY HAVE ADDITIONAL RIGHTS IN THOSE STATES.