OCF FiberLock Limited Warranty

Location

Continental United States:  

• Seller warrants the Equipment manufactured by Seller will be free from defects in workmanship and materials under normal use and regular service and maintenance for up to (5) years from the completion of manufacturing.  
• The warranty period shall be based upon the warranty registration information provided by the Buyer within the time period allowed by the Seller.  

Canada, Mexico, Outlying Portions of the United States:

• Seller warrants the Equipment manufactured by Seller will be free from defects in workmanship and materials under normal use and regular service and maintenance for up to (5) years from the completion of manufacturing.  
• The warranty period shall be based upon the warranty registration information provided by the Buyer within the time period allowed by the Seller.  
• Buyer shall bear all costs of removing, installing, packaging, and shipping to / from Seller’s facility.   

International:

• Seller warrants the Equipment manufactured by Seller will be free from defects in workmanship and materials under normal use and regular service and maintenance for up to (1) year from the completion of manufacturing. 
• Buyer shall bear all costs of removing, installing, packaging, and shipping to / from Seller’s facility.   

Warranty Period

• Except for international orders as outlined above, the time period for the warranty shall be as follows:
  • (3) years – end-user information and installation photos provided
  • (5) years – end-user information and both installation and operation photos provided
• Should the above not be provided during the required time period, the product(s) are as-is, with no warranty implied or expressed.
• All time periods above require that the Buyer provide the above information no later than (120) days from manufacturing completion.  Should the warranty information not be provided during this time, the warranty shall not be extended regardless of later transmittal of the required information.

Resale / Integrated Products 

Products purchased by Seller from a third party for resale to Buyer or integrated into Seller's product(s) shall carry only the warranty extended by the original manufacturer. 

Sole and Exclusive 

IN PURCHASING PRODUCTS FROM SELLER, BUYER AGREES THAT THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT TO THE EQUIPMENT AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS, OR OTHERWISE, AND WHETHER OR NOT SELLER’S EQUIPMENT IS SPECIFICALLY DESIGNED AND / OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE.

THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE.

Limitation

IN PURCHASING PRODUCTS FROM SELLER, BUYER AGREES THAT THIS WARRANTY DOES NOT COVER REMOVAL, TEMPORARY SITE ACCOMMODATIONS, AND REINSTALLATION EXPENSES OF ANY KIND.

FURTHER, SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSE BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR THE CAUSE OF ACTION (WHETHER BASED ON CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND / OR ITS CUSTOMERS EXCEED THE PRICE PAID BUYER FOR THE SPECIFIC PRODUCTS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.  

BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND / OR ITS CUSTOMERS EXTEND TO INCLUDED INCIDENTAL, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES.  

THE TERM "CONSEQUENTIAL DAMAGES" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE LOSS OF ANTICIPATED PROFITS, BUSINESS INTERRUPTIONS, LOSS OF USE OR REVENUE, COST OF CAPITAL, OR LOSS OF OR DAMAGE TO PROPERTY OR EQUIPMENT.

Proper Use

• This warranty is contingent upon the proper use of the Equipment and does not extend to normal maintenance, and shall be void if the Equipment is: 
  • Subjected to unusual physical / environmental stress, neglect, misuse, inadequate storage, inadequate / improper maintenance, improper installation, damage caused by flying or falling objects, collisions with animals or vehicles, or damages caused by environmental extremes or natural disasters, including, but not limited to: earthquakes, fires, floods, hail, lightning, or tornadoes.   
• For applications where chemical or temperature compatibility is required, it is incumbent upon the Buyer to notify the Seller at the time of quotation, in writing, of the nature of the exposure (chemical, concentration, temperatures, and frequency). 
  • Failure of the Buyer to notify the seller in writing at the time of quotation of such exposure shall void this warranty and shall exhaust the Buyer’s recourse against the Seller.
  • Buyer agrees that Seller has no responsibility to request such information at any time from Buyer.
• Buyer assumes all other responsibility for any lossor to any losses or damages due to misuse, accident, abuse, normal wear and tear, Buyer’s negligence, unauthorized modification or alteration, use beyond rated capacity, improper installation, anchoring, sealing, maintenance, or application of the Equipment, as well as responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of the Equipment, either alone or in combination with other products/components.

• To the extent that Seller has been supplied specifications, information, representations of the operating conditions or other data in the selection or design of the Equipment and the preparation of Seller’s Quotation, and in the event that actual operating conditions or other conditions differ from those represented to Seller, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.

Repair Location 

• Should Equipment manufactured by the Seller become defective during the warranty period, the Seller shall repair or replace the Equipment solely at its discretion.  
• Warranty repairs shall be made – solely at the Seller’s discretion - at the Seller’s facility or a facility of the Seller’s choosing.  
• Should the Seller deem that field service of the Equipment is necessary, the Buyer shall locate the Equipment in a safe, secure, ground-level area from which the Seller, its parent company, or its independent subcontractors may perform their work, without site access preconditions or insurance burden.  

Repair Time

• After the Seller determines that a valid warranty claim exists, it shall schedule such a repair as part of its normal production schedule.  Buyer agrees that this schedule may not fit Buyer's desired timeline but that it is bound by such schedule and that Seller is under no obligation to revise or accelerate the repair schedule.
• Should Buyer wish to accelerate a warranty repair, Seller may, at its sole discretion, provide a revised schedule AND COST to the Buyer for their approval.  
• Should Buyer wish to accept the Seller's expedited schedule and cost, it shall provide Seller with a valid CREDIT CARD for the expedited costs.  
• Seller shall charge the Buyer's credit card at the commencement of the expedited work or the scheduling of the expedited work.

Mobilization, Site Accommodation, Reinstallation 

• Should the Seller determine that the Equipment must be repaired at its facility or a facility of the Seller’s choosing; the Buyer shall bear all costs associated with the removal, packing, unpacking, and reinstallation of the Equipment, as well as any costs associated with temporary site accommodations while the Equipment is being repaired.

Transportation Charges

• The Buyer shall pay transportation charges to return the Equipment to the Seller.
  • For continental United States locations, the Seller shall pay surface transportation charges to return the repaired Equipment to the Buyer.
  • For locations in Canada, Mexico, Outlying Portions of the United States, or other international locations, Buyer shall pay transportation charges to AND from the Seller’s facility.
  • Damage to the Equipment during a warranty repair shipment (to or from) shall not be warranted.

Off-Site Repairs 

• If during the warranty period, the Buyer desires warranty service at a place other than Seller’s plant (or location of Seller’s choice) by Seller's personnel:
  • Including the site where the Equipment is installed,
  • or by personnel other than Seller’s employees or subcontractors,
  • the Buyer shall pay all additional travel expenses and costs in excess of those which would have otherwise been incurred by Seller at a straight time rate for the work performed at Seller’s plant or Equipment installation site, in addition to a 30% overhead charge (backed by Buyer's credit card).
• The Buyer shall bear all costs associated with the removal, packing, unpacking, and reinstallation of the Equipment, as well as any costs associated with temporary site accommodations while the Equipment is being repaired.

Shortage

• Claims for shortage must be conveyed by the Buyer to the Seller, in writing, no later than (10) calendar days from the date of the receipt of the Equipment.  
• Claims for shortage beyond this period will not be accepted, nor will they be adequate reason for the delay or diminishment of payment.  
• Failure by Buyer to given such written notice to Seller within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for shortage.

Correctness

• Claims for correctness (defined as the layout or configuration of what was acknowledged by the Seller for the Buyer’s order) must be conveyed by the Buyer to the Seller, in writing, no later than (30) calendar days from the date of the receipt of the Equipment.  
• Claims for correctness beyond this period will not be accepted, nor will they be adequate reason for the delay or diminishment of payment.  
• Failure by Buyer to given such written notice to Seller within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such correctness.

Visible Damage 

• Buyer understands that all Products and Product components should be examined upon delivery, and before the carrier's delivery receipt is signed.  
• Products received with visible damage where said damage is noted on the delivery receipt shall carry no deductible.
• Products received with visible damage, but where said damaged is not noted on the delivery receipt will carry a $350 deductible.    

Warranty Repair Extension 

• The foregoing warranty shall cover products repaired or replaced during the warranty period for the remainder of the warranty period or (90) days from the date of Seller’s service, whichever is longer.

Returns 

• Before returning Equipment for service, the Buyer shall obtain a Return Material Authorization (RMA) number by contacting the Seller’s customer service department. 
• Before returning Products purchased for resale to the Buyer, the Buyer shall obtain a Return Material Authorization (RMA) number from the Product manufacturer’s customer service department.
• If the manufacturer of the Product issues the Seller credit for properly returned Products, the Seller shall refund THAT AMOUNT ONLY to the Buyer – it shall not refund the amount invoiced by the Seller to the Buyer for the Product.

Past Due

• Should Buyer be past due in payment to Seller for this or any other Agreement between the two parties, Seller’s warranty obligations shall be waived until the Buyer’s account is current (including any and all collections charges, rates, or fees).  
• Under no circumstances shall the warranty period for the Equipment extend due to the resolution of Buyer’s past due payments.    

Manholes

• Manholes sold by the Seller with open spaces between the device / flume / channel / etc. and the manhole barrel wall SHALL BE REQUIRED to have either a poured, watertight shoulder or integral fiberglass bench for this warranty to take effect.  
• Damage or failure of the structure due to lack of such a structure shall not be warrantable.

Shelters

• Shelters sold by the Seller require maintenance of the connecting seams.
• Damage to or failure of shelter or equipment within due to lack of maintenance of these seams shall not be warrantable.

Version

• ONLY the version of this warranty found at https://www.openchannelflow.dev/openchannelflow-fiberlock-product-warranty shall be valid.  
• No offline or print version of this warranty shall be considered to be in effect or in any way superseding or amending the warranty found here.
• No version of the warranty that is cached, mirrored, stored (online or off), or duplicated shall be considered valid by the Buyer / Seller / External Parties / Venues / Jurisdictions.