Warranty
(1) What is Covered By This Warranty?
CVCO, LLC (Cashco) warrants to the original purchaser only, that the equipment that is the subject of this sale (a) conforms to Cashco’s published specifications, and (b) is free from defects in materials or workmanship under normal use and service. The duration of this warranty is the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Cashco. If purchaser discovers within this period a failure of the equipment to conform to specification or a defect in materials or workmanship, it must promptly notify Cashco in writing. In no event shall such notification be received by Cashco later than nineteen (19) months from the date of shipment by Cashco. Within a reasonable time after such notification, Cashco will correct any failure of the equipment to conform to specifications or any defect in materials or workmanship with new parts. Such repair including both parts and labor, is at Cashco’s expense. All warranty service will be performed F.O.B. Cashco's plant in Ellsworth, Kansas, or at any other location designated by Cashco. If Cashco is unable to repair the equipment to conform to the warranty after a reasonable number of attempts, Cashco, will provide at its option, one of the following: (a) replacement of the equipment, or (b) full refund of the purchase price. These remedies are the purchaser’s exclusive remedies for breach of warranty.
(2) What is Not Covered By This Warranty?
Cashco does not warrant (a) any product components, equipment or parts not manufactured by Cashco, (b) defects caused by failure to provide a suitable installation environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which it was designed,
(d) damage caused by disaster such as fire, flood, wind, and lightning, (e) damage caused by unauthorized attachments or modification, (f) damage during shipment, or (g) any other abuse or misuse by the purchaser. Products purchased by Cashco from a third party for resale or purchaser (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Purchaser agrees that Cashco has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products.
(3) DISCLAIMER OF WARRANTY.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR REASON. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN THIS AGREEMENT.
(4) Limitation of Liability.
(a) Cashco’s liability on any claim for loss or damage arising out of any transactions with purchaser or from the performance or breach thereof or connected with any equipment or services supplied hereunder, or the operation or use of the equipment subject to this sale, whether based on agreement, warranty, tort (including negligence) or other grounds or theory of liability, shall not exceed the price allocable to the service, product, or the part thereof involved in the claim, regardless of cause or fault. This limitation of liability and remedies reflects a deliberate and bargained-for allocation of risks between Cashco and purchaser and constitutes the basis of the parties’ bargain, without which Cashco would not have agreed to the price or terms of this transaction.
(b) CASHCO SHALL NOT IN ANY EVENT BE LIABLE WHETHER AS A RESULT OF BREACH OF AGREEMENT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS FOR INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS OR ASSOCIATED PRODUCTS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF PURCHASER FOR DAMAGES.
(c) If Cashco furnishes purchaser with advice or other assistance regarding any products, parts or services supplied hereunder, or any system or equipment in which any products may be installed, and which is not required pursuant to this transaction, the furnishing of the advice or assistance will not subject Cashco to any liability, whether based on agreement, warranty, tort (including negligence) or other grounds.
(5) Time Limit For Bringing Suit.
Any action for breach of warranty must be commenced within 21 months from the date of shipment of the equipment by Cashco.
(6) No Other Warranties.
Unless modified in a writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employee of Cashco or any other party is authorized to make any warranty in addition to those made in this agreement.(7) Allocation of Risks. This warranty allocates the risks of equipment and product failure between Cashco and the purchaser. This allocation is reflected in the price of the goods. The purchaser is bound by its terms.
Link to Terms & Conditions
Contact Form
Get in touch with us! Just use the form below and we'll get back to you as soon as we can.
