Limited Warranty / Disclaimer of Warranties
Lavelle Industries, Inc. ("Seller") warrants solely to the original purchaser (the "Buyer") of this [Korky® toilet fill valve] (the "Product") that the Product will be free from material defects in workmanship and materials under normal use and service for a period of 5 years from the date of purchase (the "Warranty Period"). There is NO WARRANTY in cases of: negligence; abuse; abnormal usage; misuse; reuse; accidents; normal wear and tear; failure to follow Seller's instructions; improper installation (including, without limitation, over-tightening of coupling nut), storage or maintenance; or exposure of the Product to in-tank drop-in cleaning products containing bleach or chlorines.
SELLER'S SOLE AND EXCLUSIVE OBLIGATION UNDER THIS LIMITED WARRANTY (AND BUYER'S SOLE AND EXCLUSIVE REMEDY) SHALL BE, UPON PROMPT NOTICE BY BUYER TO SELLER DURING THE WARRANTY PERIOD OF ANY BREACH, TO EITHER, AT SELLER'S OPTION, REPAIR OR REPLACE WITHOUT CHARGE ANY DEFECTIVE PRODUCT OR PART THEREOF EXPRESSLY WARRANTED HEREIN BY SELLER AGAINST DEFECTS AND FOUND BY SELLER IN ITS SOLE DISCRETION TO BE DEFECTIVE AND COVERED BY THIS WARRANTY. This limited warranty covers only replacement or repair of a defective Product or parts thereof at Seller's main facility and does not include the cost of shipment, labor, inspection, removal or installation of a new Product or parts.
Notice of any warranty claim or request for warranty service should be sent to Seller at the following address: Lavelle Industries, Attn: Customer Service, 665 McHenry St. Burlington, WI 53105.
The duration of any implied warranties (including, but not limited to, implied warranties of merchantability and fitness for a particular purpose) relating to the Product shall be limited to the Warranty Period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Buyer. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY PROVIDED HEREIN, SELLER DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer. This limited warranty gives Buyer specific legal rights, and Buyer may also have other rights which vary from state to state.