Oatey Co. and its affiliates (collectively referred to as "Oatey") warrant that goods it sells will be free from defects in material and workmanship for one year following the date of sale*. If any of the goods are found by Oatey to be defective, such goods will, at Oatey's option, be replaced or repaired at Oatey's cost. Buyer's sole and exclusive remedy against Oatey shall be for the repair or replacement of defective goods as provided herein. (The sole purpose of the stipulated exclusive remedy shall be to provide buyer with free repair or replacement of defective goods. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Oatey is willing and able to repair or replace defective goods in the prescribed manner.) THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN, AND OATEYMAKES NOOTHER REPRESENTATION OR WARRANTY OF ANY KIND. No statement by Oatey or its agents, by words or action, other than as set forth in this language shall constitute a warranty. GOODS WHICH MAY BE SOLD BY OATEY BUT WHICH ARE NOT MANUFACTURED BYIT ARE NOT WARRANTED BYOATEY, BUT ARE SOLD ONLYWITH THE WARRANTIES, IF ANY, OF THE ORIGINAL MANUFACTURERS THEREOF. This warranty does not cover labor or other costs or expenses to remove or install any defective, repaired or replaced goods. Oatey's warranty does not apply to any goods which have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, improper installation, modification (including but not limited to unauthorized parts or attachments), or adjustment or repair performed by anyone other than Oatey or one of Oatey's authorized agents.
Any claim by buyer with reference to the goods sold hereunder shall be deemed waived by the buyer unless submitted in writing to Oatey within the earlier of: (a) 30 days following the date buyer discovered or by reasonable inspection should have discovered, any claimed breach of the foregoing warranty, or (b) 13 months following the date of sale. Any cause of action for breach of the foregoing warranty shall be brought within 13 months from the date the alleged breach was discovered or should have been discovered, whichever occurs first.
LIMITATION OF LIABILITY. OATEY 'S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY) FOR ITS GOODS SHALL BE LIMITED TO REPAIRING OR REPLACING PARTS FOUND BY OATEY TO BE DEFECTIVE, OR AT OATEY'S OPTION, TO REFUNDING THE PURCHASE PRICE OF SUCH GOODS OR PARTS THEREOF. AT OATEY 'S REQUEST, BUYER WILL SEND, AT BUYER'S SOLE EXPENSE, ANY ALLEGEDLY DEFECTIVE PARTS TO A LOCATION OF OATEY'S CHOOSING.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OATEY BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION TOBREACH OF ANY OBLIGATION IMPOSED ON OATEY HEREUNDER OR IN CONNECTION HEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION LOSS OF USE, INCOME OR PROFIT OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TOANY PERSON OR LOSS OF OR DAMAGE TOPROPERTY (INCLUDING WITHOUT LIMITATION PROPERTY HANDLED OR PROCESSED BYTHE USE OF THE GOODS, OR DAMAGES OR LOSSES SUSTAINED AS THE RESULT OF WORK STOPPAGE). BUYER SHALL INDEMNIFY AGAINST ALL LIABILITY, COST OR EXPENSE WHICH MAY BE SUSTAINED BYOATEY ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY.
*Some Oatey products have a longer limited warranty. Those products are shown below. All other terms and conditions of this Limited Warranty still apply to these items, the only thing that is different is the duration of the limited warranty:
Lifetime of the plumbing system in which installed: Oatey Quiet Pipes ® water hammer arrestors; all Quickdrain-branded product.
Lifetime of the roof on which installed: all other Oatey-branded roof flashings.
20 years: Master Flash® roof flashings.
10 years: Johni-ring® Jumbo Reinforced Wax Ring Kits; No-Seep® No. 3 ; Reinforced Wax Rings with Bolts #3; Extra Thick Reinforced Wax Ring with Bolts #35; Harvey Reinforced Wax Bowl Ring (No. 3); Harvey Extra Thick Reinforced Wax Bowl Ring Kit with Bolds (No. 35B); Harvey no. 3 Reinforced Wax Ring Kit with Bolts; Harvey No. 3 Toilet Installation Kit.
7 years: Jumbo Reinforced Flange Wax Gasket Kit.
5 years: Harvey-branded The Original No-Seep® No. 1 Standard Wax Ring with Alignment Flange; Extra Thick Wax Ring #10; Reinforced Flanged Wax Gasket Kit; Johni-Ring Toilet Installation Kit; Harvey-branded Extra Thick Wax Ring with Sleeve (No. 10); Jumbo Reinforced Flanged Wax Gasket.
3 years: Standard Wax Ring #1; Johni-Ring Wax Gasket.
2 years: all Cherne pneumatic plugs.
Last updated: 2/1/2021