Limited Manufacturer's Warranty
“Manufacturer” means Drum Corporation, a South Dakota corporation with an address of 4904 W. 12th Street, Sioux Falls, South Dakota 57107. The limited warranty below is provided to original purchasers of a new Gritline-branded hardware product (the “Product”) from Manufacturer or from an authorized Gritline distributor.
Customer is solely responsible for the safe installation and use of the Product. Customer must comply with all instructions, regulations, and laws regarding use of the Product.
Subject to the exclusions and limitations below, Manufacturer warrants that each new Product will be free from defects in material and workmanship for a period of one (1) year from the date of original purchase. Customer must retain proof of the date of purchase. Replacements of the Product will be warranted only for the remainder of the original warranty term. Replacements of the Product will not extend the warranty term beyond the one-year term. This limited warranty is not transferrable.
Manufacturer will, at its option, repair or exchange any Product covered by the limited warranty which is found to be defective in material and workmanship during the original warranty term. If Manufacturer is unable to remedy the defect by repairing or exchanging the Product, then Manufacturer will refund the purchase price paid for the Product. Customer will be responsible for shipping charges to and from Manufacturer.
In order to receive warranty service, Customer must give Manufacturer written notice of a warranty claim within 30 days of the date of discovery of the defective materials or workmanship by taking one of the following steps:
- Return the Product to an authorized Gritline distributor offering carry-in service; or
- Ship the Product (at Customer’s expense) to Drum Corporation at 4904 W. 12th Street, Sioux Falls, SD 57107.
In returning the Product, Customer must provide the following information:
- Customer’s name, phone number, mailing address and email address
- An explanation as to why the Product is being returned
- The name of the distributor where the Product was purchased
- The invoice number and date of purchase.
THE LIMITED WARRANTY ABOVE IS THE EXCLUSIVE WARRANTY. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MANUFACTURER DOES NOT WARRANT THAT THE PRODUCT WILL NOT INFRINGE ANY THIRD PARTY RIGHTS, THAT IT WILL OPERATE IN COMBINATION WITH OTHER EQUIPMENT, OR THAT ITS USE WILL BE ERROR FREE.
NO DISTRIBUTOR HAS THE AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE ON BEHALF OF MANUFACTURER OR TO MODIFY THE LIMITED WARRANTY ABOVE IN ANY WAY.
The limited warranty above does not apply if the Product (1) was not purchased new; (2) has been modified, altered or used with non-Gritline branded products; (3) was not used or installed in accordance with Manufacturer’s instructions; (4) does not function due to lack of normal maintenance, misuse, vandalism or theft, exposure to the elements or corrosive materials, accidents or acts of nature; or (5) has cosmetic or other damage that does not hinder the Product’s functionality.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MANUFACTURER, THE DISTRIBUTOR, NOR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST USE OF THE PRODUCT OR ANY OTHER PROPERTY, BODILY INJURY, OR PROPERTY DAMAGE CLAIMS OF CUSTOMER OR ANY PERSON ARISING FROM OR IN ANY MANNER RELATED TO THE PRODUCT WHETHER BASED ON CONTRACT, TORT, OR STRICT LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER, THE DISTRIBUTOR OR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM BE LIABLE TO CUSTOMER OR ANY PERSON FOR MORE THAN THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT.
This warranty is governed by the laws of the State of South Dakota and the laws of the United States of America. Any and all disputes arising from this warranty, the purchase and use of the Product, bodily injury, property damage claims or otherwise must be venued in the Second Judicial Circuit Court sitting in Minnehaha County, South Dakota. Customer agrees to such venue and waives objection to such court’s jurisdiction based upon lack of personal jurisdiction or inconvenience.