This warranty is provided by InSinkErator®, a division of Emerson Electric Co., (“InSinkEra- tor” or “Manufacturer” or “we” or “our” or “us”) to the original consumer owner of the In- SinkErator product with which this warranty is provided (the “InSinkErator Product”), and any subsequent owner of the residence in which the Product was originally installed (“Cus- tomer” or “you” or “your”).
InSinkErator warrants to Customer that your InSinkErator Product will be free from defectsin materials and workmanship, subject to the exclusions described below,for a period of 7 years (the “Warranty Period”), commencing on the later of: (a) the date your InSinkErator Product is originally installed, (b) the date of purchase, or (c) the date of manufacture as identifiedby your InSinkErator Productserial number.Youwill be required to show written documentation supporting (a) or (b). If you are unable to providedocumentation supportingeither (a)or (b), the Warranty Period commencement date will be determined by Manufacturer,in its sole and ab- solute discretion, based upon your InSinkEratorProduct serial number.
What is Covered
This warranty covers defects in materials or workmanship, subject to the exclusions below, in InSinkErator Products used by a consumer Customer for residential use only, and includes all replacement parts and labor costs. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE INSINKER- ATOR PRODUCT.
What is not Covered
This limited warranty does not extend to and expressly excludes:
•Losses or damages or the inability to operate your InSinkErator Product resulting from conditions beyond the Manufacturer’s control including, without limitation, accident, alter- ation, misuse, abuse, neglect, negligence (other than Manufacturer’s), failure to install, maintain, assemble, or mount the InSinkErator Product in accordance with Manufacturer’s instructions or local electrical and plumbing codes.
•Wear and tear expected to occur during the normal course of use, including without limita- tion, cosmetic rust, scratches, dents or comparable and reasonably expected losses or dam- ages. In addition to the above exclusions, this warranty does not apply to InSinkErator Products installed in a commercial or industrial application.
No Other Express Warranty Applies
This warranty is the sole and exclusive warranty provided to the Customer identified above. No other express warranty, written or verbal, applies. No employee, agent, dealer, or other person is authorized to alter this limited warranty or make any other warranty on behalf of Manufacturer. The terms of this warranty shall not be modified by the Manufacturer,the original owner, or their respective successors or assigns.
What we will do to Correct Problems
If your InSinkErator Product does not operate in accordance with the documentation pro- vided to you, or you have questions concerning your InSinkErator Product or how to deter- mine when service is needed, please call the toll free InSinkErator AnswerLine® at 1 (800)
558-5700, or visit our website at www.insinkerator.com. You may also notify us at: InSinkEr- ator Service Center, 4700 21st Street, Racine, Wisconsin 53406 USA.
The following information must be provided as part of your warranty claim: your name, ad- dress, phone number,your InSinkErator Product model and serial number,and if necessary, upon request, written confirmation of either: (a) the date shown on your installation receipt, or
(b) the date shown on your purchase receipt.
Manufacturer or its authorized service representative will determine, in its sole and absolute discretion, if your InSinkErator Product is covered under this warranty. You will be given the contact information for your closest authorized InSinkErator Service Center. Please contact your InSinkErator Service Center directly to receive in home warranty repair or replacement service. Only an authorized InSinkErator service representative may provide warranty service. InSinkErator is not responsible for warranty claims arising from work performed on your In- SinkErator Product by anyone other than an authorized InSinkErator service representative.
If a covered claim is made during the Warranty Period, Manufacturer will, through its author- ized service representative, either repair or replace your InSinkErator Product. Cost of re- placement parts or a new InSinkErator Product, and cost of labor for repair or installation of the replacement InSinkErator Product are provided at no cost to you. Repair or replacement shall be determined by Manufacturer or its authorized service representative in their sole discretion. All repair and replacement services will be provided to you at your home. If Man- ufacturer determines that your InSinkErator Product must be replaced rather than repaired, the warranty on the replacement InSinkErator Product will be limited to the unexpired term remaining in the original Warranty Period.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANUFACTURER OR ITS AU- THORIZED SERVICE REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL,SPECIAL, IN- DIRECT,OR CONSEQUENTIAL DAMAGES, INCLUDING ANY ECONOMIC LOSS, WHETHER RESULTING FROM NON-PERFORMANCE, USE, MISUSE OR INABILITY TO USE THE IN- SINKERATOR PRODUCT OR THE MANUFACTURER’S OR ITS AUTHORIZED SERVICE REP- RESENTATIVE’S NEGLIGENCE. MANUFACTURER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAYIN PERFORMANCE AND IN NO EVENT,REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT,INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,OTHER TORT OR OTHERWISE), SHALL MANUFAC- TURER'S LIABILITY TO YOU EXCEED THE PRICE PAID BY THE ORIGINAL OWNER FOR THE INSINKERATOR PRODUCT.
The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
