If an ABC-manufactured concrete unit does not satisfy the noted requirements, then ABC will supply a replacement unit to the jobsite at no charge. Under no circumstances does ABC have an obligation to remove a non-conforming unit or to install a replacement unit, or to pay the costs of such removal and installation. If ABC is unable or fails to supply a replacement unit in a reasonably timely manner when obligated to do so, then ABC’s entire liability is limited to refunding the purchase price of the unit. These remedies are the purchaser’s exclusive remedies for any breach of warranty and these remedies will not be deemed to have failed of their essential purpose so long as ABC is willing and able to replace any non-conforming unit or to refund the purchase price of the unit.
This Limited Warranty is subject to the following notes of explanation/clarification/disclaimer:
• ASTM Standards. A concrete unit that substantially conforms to the requirements of the applicable ASTM Standard Specification (if any) for that unit on the date of delivery is presumed to be sound and free of defects for purposes of this Limited Warranty.
• Minor Cracks and Chips. Minor cracks or chips in a unit incidental to usual methods of manufacture or resulting from usual methods of handling in shipping and delivery are not “defects” for purposes of this Limited Warranty.
• Color Shades. ABC takes steps to minimize color variations resulting from variations in the mined materials used in manufacture of concrete units, but makes no guarantee, express or implied, of color shades as part of this Limited Warranty.
• Efflorescence. ABC takes steps to minimize the development of efflorescence on its concrete units but makes no guarantee, express or implied as part of this Limited Warranty, that efflorescence will not occur on concrete units manufactured by it.
• De-icing Chemicals. ABC produces concrete paving units and certain concrete wall units to resist the deleterious effects of de-icing salts, but makes no guarantee, express or implied as part of this Limited Warranty, with respect to any of its concrete units that have been exposed to de-icing salts or other de-icing chemicals.
• Warranty Voided in Certain Circumstances. This Limited Warranty is voided with respect to any concrete unit that has been damaged due to shipping or handling by persons other than ABC or ABC’s agents, or due to the design of the installation, the installation itself, contact with deleterious chemicals, earth shifts or acts of God.
• Persons Who Can Make a Warranty Claim. This Limited Warranty extends to all persons in the original chain of distribution from ABC to the owner of the property where a concrete unit is first installed.
• How to Make a Warranty Claim. Make a request for warranty service in writing and directed to Anchor Block Company, 5959 Baker Rd., Minnetonka, MN 55345, Attn.: Customer Service Department.
• Products Not Made by ABC. ABC sells some products that it does not make but, rather, purchases from other manufacturers for resale. Examples include: Astra-Glaze masonry units; Enduramax masonry veneer system components; Stone Age outdoor fireplaces; and Highland fire ring inserts. These products and the other products sold, but not made, by ABC are identified as such on the www.anchorblock.com website. The manufacturers of these products may provide warranties. ABC’s Limited Warranty does not apply to these products, and ABC disclaims any and all warranties relating to these products.
FOR TRANSACTIONS IN WHICH THE PRODUCTS ARE NOT CONSUMER PRODUCTS WITHIN THE MEANING OF THE MAGNUSON-MOSS WARRANTY ACT, ABC DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, TO THE FULLEST EXTENT ALLOWED BY LAW. IN ALL OTHER TRANSACTIONS, THE DURATION OF ANY LIMITED WARRANTIES IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
UNDER NO CIRCUMSTANCES IS ABC RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (including, without limitation, the cost to remove non-conforming product or to install replacement product, loss of profits, harm to goodwill or business reputation, or delay damages) whether such claims are based in contract, warranty, negligence or strict tort. This exclusion applies even if the remedy noted above is deemed to have failed of its essential purpose.
Some states (and Canadian provinces) do not allow limitations on the duration of an implied warranty or the exclusion or limitation of remedies for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The Limited Warranty stated above is the only express warranty (whether written or oral) made by ABC and applicable to concrete units made by ABC and no one other than an officer of ABC is authorized to modify or expand this Limited Warranty (and then only in a document signed by the officer).
The validity and interpretation of this Limited Warranty is governed by the internal laws (and not the law of conflicts) of the State of Minnesota.