Cenflex®, PolyPlus, and White Lightning® Warranty Registration
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CENTAUR® HTP® FENCING SYSTEMS
MUSCLE SHOALS, AL
THIS LIMITED WARRANTY is given by Centaur® Fencing Systems, a division of ES Robbins Corporation, (“Centaur”) whose address is 2802 East Avalon Avenue, Muscle Shoals, Alabama, 35661, to you, the original retail purchaser of a Fence System manufactured by Centaur. The Product Warranty Registration Card must be returned to Centaur within 60 days of purchase in order to receive coverage under this warranty.
I. WHAT THE WARRANTY COVERS AND FOR HOW LONG. For a period of twenty (20) years, commencing on the date that you received the purchased Fence, Centaur will deliver new Fence rail/wire adequate to replace any defective Rail/wire for the Replacement Price described below if any Rail/wire purchased by you contains any defect which is a direct result of the material or the workmanship used in manufacturing the Rail/ wire. For purposes of this Warranty, the term Replacement Price will mean the price of Rail/ wire necessary to replace the defective Rail/wire at the time that the replacement materials are ordered, multiplied by a fraction the numerator of which is the number of years that have expired since the date the Rail/wire was purchased (including the year of replacement) and the denominator of which is twenty (20). You must pay all costs necessary to remove the original Rail/wire and to install the new Rail/wire.
II. WHAT THIS WARRANTY DOES NOT COVER. This limited warranty does NOT cover any of the following:
A. Damage to, or defect in, the Rail/wire resulting from fires, floods, storms, accidents, acts of God, or from alteration, misuse, improper care, or abuse of the Fence by any person whatsoever.
B. Installation of the Fence or of the replacement Rail/wire, or damage or defects resulting, directly or indirectly, from any act or omission in the installation of the Fence or the Rail/ wire, regardless of whether the Fence is installed by an individual certified by Centaur or installed by any other individual in compliance with specifications and requirements provided by or on behalf of Centaur.
C. Damage to real property, personal property, or animals, livestock, or any other incidental or consequential damages arising out of any defect of materials or workmanship in the manufacturing of the Fence or out of any act, omission, representation, or warranty of Centaur its agents, employees, or servants.
D. Defects or damage in or to the brace assemblies, tensioners, brace pins, or any part of the Fence other than the Rail/wire.
Limitations and How to Obtain Service
THIS LIMITED WARRANTY APPLIES ONLY TO DEFECTS
IN MATERIAL OR WORKMANSHIP
III. REMEDIES AND LIMITATIONS. Your sole remedy under this Limited Warranty Agreement shall be the replacement of the Rail/wire as set forth above. We will not install the replacement material. TO THE EXTENT PERMITTED BY LAW, CENTAUR EXPRESSLY DISCLAIMS ALL EXPRESSED WARRANTIES EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CENTAUR SHALL NOT BE LIABLE FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF THIS WARRANTY, ANY OTHER EXPRESSED WARRANTY OR ANY IMPLIED WARRANTY. IF THE LAW DOES NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, CENTAUR HEREBY LIMITS THE DURATION OF ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THIRTY (30) DAYS FROM THE DATE THE FENCE WAS DELIVERED TO YOU.
If, not withstanding the above provision, there should arise any liability on the part of Centaur for implied warranties of any nature or for express warranties other than as set forth herein or for any act or omission of Centaur or its agents or employees, such liability shall be limited to an amount equal to Two Hundred Fifty and no/100 Dollars ($250.00) Such liability is fixed as liquidated damages and not as a penalty and this liability shall be complete and exclusive. The provisions of this paragraph shall apply to all loss or damage of whatever nature arising from any act, omission, representation, warranty, or agreement of Centaur, its agents or employees, including, but not limited to, loss to personal property and/or livestock or cattle, You acknowledge that it is impractical and extremely difficult to fix actual damages which may arise due to the failure of the Fence. Therefore, you agree to this liquidated damages clause if, notwithstanding the provisions hereinabove, there should arise any liability on the part of Centaur other than expressly set forth in this Limited Warranty. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IV. HOW TO OBTAIN SERVICE. The Product Warranty Registration Card must be returned to Centaur within 60 days of purchase in order to receive coverage under this warranty. If a problem with the Rail/wire develops during the Warranty Period, call Centaur at (800) 348-7787. Inform the Centaur representative that you have purchased the Fence and are protected under this Warranty. Leave your name, address, telephone number and a description of the nature of the defect with the representative. In addition, you must send a letter stating the information requested above, together with proof of purchase and proof acceptable to Centaur, of actual defect and extent of defect (e.g., pictures or samples), by certified or registered mail to Centaur Fencing Systems, 2802 East Avalon Avenue, Muscle Shoals, AL 35661, enclosing a check or money order for the Replacement Price. Centaur reserves the right to send a representative to inspect any alleged defect in the Rail/wire. Centaur, upon its reasonable determination that a defect in material or workmanship does exist, will deliver the replacement Rail/wire within thirty (30) days of its receipt of the written request and the Replacement Price, unless prohibited from doing so by an act of God, strike, boycott, unavailability of parts and materials, or any other activity beyond its control, in which case, Centaur will diligently pursue its obligations hereunder. You will be responsible for all costs of shipping the replacement Rail/wire and the defective material. If you do not return defective Rail/wire within 60 days, you will be liable for full current purchase price of the Rail/wire you received. Customers outside of North America please contact your dealer for service.
V. SPECIFIC LEGAL RIGHTS. This Warranty gives you specific legal rights and you may also have other rights which vary from state to state.
VI. ONLY WARRANTIES. THIS IS THE ONLY WARRANTY GIVEN BY CENTAUR FENCING SYSTEMS. YOU HEREBY ACKNOWLEDGE THAT THERE ARE NO GUARANTEES, WARRANTIES, UNDERSTANDINGS OR REPRESENTATIONS MADE BY CENTAUR THAT ARE NOT SET FORTH IN THIS DOCUMENT.