Limited Express Warranty / Limitation of Remedies and Liability
It is expressly understood that unless a statement is specifically identified as a warranty, statements made by Omni Brass, Inc, an Ontario corporation, (“OB”) or its representatives, relating to OB’s products, whether oral, written or contained in any sales literature, catalog or agreement, are not express warranties and do not form part of the basis of the bargain, but are merely OB’s opinion or commendation of OB’s products. Except as specifically set forth herein, there is no express warranty as to any of OB’s products and OB makes no warranty of merchantability of the goods or of the fitness of the goods for any particular purpose.
Grant of Limited Express Warranty
OB warrants OB products, parts only, purchased and retained in North America to be free from defects in material and workmanship, when installed properly in accordance with prevailing codes under normal use and maintenance as follows:
- All valve bodies shall be warranted for the same period as the new water supply bodies to which they are attached. If the supply bodies have no warranty or the valve is added to existing supply bodies the warranty shall be 1 year from the date of installation, but not more then 18 months from the date of sale.
- All raw trim shall be warranted for a period of 60 days from the date of sale.
- All finished trim shall be warranted for 1 year from the date of installation, but not more than 18 months from the date of sale.
All parts must be returned to OB in Toronto, Ontario, prepaid, with a copy of the bill of sale (showing installation date), description of defect, and valve body warranty (if applicable). If at OB’s sole discretion the part is defective and within OB’s Limited Express Warranty, OB shall, when the part has been repaired or replaced, return the part freight prepaid. Any repaired or replaced items shall be warranted until the expiration of the original warranty of the defective item.
This warranty does not apply to:
- Products that have damage or defects from improper installation.
- Products damaged by misuse, abuse, fire, flood, negligence, alteration, misapplication, corrosion or abrasion.
- Products which have defects or damage caused by a contaminated or corrosive water supply, abnormally high water temperatures or freezing.
- Products not supplied by OB or products relocated after installation or products on which payment to OB is in default.
- Products that have defects, damage, or insufficient performance as a result of insufficient or incorrect system design or improper application.
Although OB endeavors to meet all codes and standards listed on it’s literature, OB will not be responsible for any costs whatsoever arising from the failure of the valve, valve components or installation to meet codes or standards in any jurisdiction. It is the responsibility of the installer to ensure that the valve and installation meet all local codes and standards.
Limitation of Remedies
In the event of a breach of the Limited Express Warranty, OB will only be obligated at OB’s option to repair the failed component or to furbish a new or rebuilt component in exchange for the unit which is defective. If after a reasonable attempts at rectifying a defect, and the remedy fails of it’s essential purpose, OB shall refund the purchase price paid to OB in exchange for the return of sold good(s). Said refund shall be the maximum liability of OB. This remedy is the sole and exclusive remedy against OB for the breach of any warranty or for OB's negligence or in strict liability.
Limitation of Liability
OB shall not be liable for any damages occasioned by any delay in performance or any default caused by war, government restrictions or restraints, strikes, material shortages, acts of God or any other reason beyond the sole control of OB. OB expressly disclaims and excludes any liability for consequential or incidental damages in contract, for breach of any express or implied warranty, or in tort, whether for negligence or as strict liablity. OB makes no warranty against latent defects.
Note: Some states or Canadian provinces do not allow limitations on how long an implied warranty lasts, or the limitation or exclusion of consequential or incidental damages, so the foregoing exclusions and limitations may not apply to you. This warranty gives you specific legal rights; you may have other rights that vary from state to state or province to province.