Limited Warranty
Electronic Controls Company ("ECCO") warrants to the original purchaser ("Customer") of the new products manufactured and sold by ECCO (the "Products") that each Product will be free from manufacturing and materials defects starting on the date the Product is installed on the Customer's vehicle, but in no event starting later than the second anniversary of the date imprinted on each Product (the "Warranty Start Date") for the applicable period identified in the Warranty Period Guide below (the "Limited Warranty"). The Limited Warranty is subject to exclusions and conditions outlined below.
This Limited Warranty is not transferable for any reason, including in the event the applicable Product is reinstalled on a vehicle other than the original installation vehicle, sold, traded, transferred, or otherwise disposed of in any manner by the original purchaser to another party.
Warranty Period Guide
The applicable Warranty period for each Product is identified by the corresponding warranty symbol in the ECCO Safety Solutions Product Guide catalog and on the ECCO website.
If a Product does not have a specific warranty period symbol identified, the applicable warranty period for that Product is 1 year from the Warranty Start Date.
Certain Exclusions from Warranty
This Limited Warranty does not cover normal maintenance, service, or adjustments, nor does it cover damage to or defects in Products relating to:
- Improper installation;
- Any repair, replacement or alteration by a third party not approved in advance by ECCO;
- Use of wiring accessories not approved in advance by ECCO;
- Accident, alteration, modification, misuse, negligence, abuse, vandalism or physical damage;
- Failure to care for, maintain, or use any Product inconsistent with the instruction manual,
safety warnings, product labeling, datasheets, specification sheets and/or other installation,
use, operation and technical documentation provided and/or published by ECCO (collectively,
"Product Documentation"); - Fire, explosion, implosion, flood, earthquake, lightning strike, acid rain, chemical fallout,
catastrophic event, or other act of God or nature; - Exposure to excessive heat, moisture, other severe environmental conditions, or unintended
uses and/or substances; - Exposure to chemicals, cleaners or other substances (other than cleaning agents specifically
recommended in the Product Documentation); - Acts or omissions of any carrier delivering any Products; or
- Normal wear and tear.
Certain Additional Conditions of Warranty
In addition to the other exclusions, limitations, exceptions, qualifications and conditions set forth in this Limited Warranty, all of the following conditions must be met, or the Limited Warranty will be invalidated.
Exclusive Remedy
Customer's sole and exclusive remedy, and ECCO's sole and exclusive liability and responsibility, under this Limited Warranty is the replacement of Products, subject to the terms and conditions of this Limited Warranty.
Notice of Claims and Replacement Policy
Claims under this Limited Warranty must be presented to and received by ECCO within the Product's applicable warranty period. The Customer must contact the ECCO Regional Salesperson in your area or call Customer Service at 1-800-635-5900 (or email [email protected]) to begin a warranty claim. Upon issuance of a RETURNED GOODS AUTHORIZATION NUMBER, Customer must return the Product, freight prepaid to ECCO, Attn: (Insert Return Goods Authorization Number), 833 West Diamond Street, Boise, Idaho 83705.
All Limited Warranty claims MUST be fully approved by ECCO, in its sole discretion, prior to the commencement of any replacement work in respect of such claims. After an ECCO representative inspects the applicable Product or otherwise assesses the problem, ECCO will determine and take appropriate action (if any), in its sole discretion, to remedy the alleged problem. If the claim is for a manufacturing defect, ECCO must be satisfied, in its sole discretion, that such Product was defective at the time it left ECCO's factory. Warranty coverage applies only to original equipment supplied by ECCO.
Except as otherwise agreed by ECCO, in writing in its sole discretion, ECCO assumes no responsibility or liability for the expense incurred for removal or installation of product requiring service and/or repair or any other labor costs; or for the expense of shipping, packaging, or handling; travel; or for the handling of product returned to sender after necessary service or repair. Any Product covered under this Limited Warranty will be replaced with another like Product and will be sent directly to the Customer only. The Customer may request a written report on any Product submitted for warranty evaluation that is not covered under the respective Limited Warranty. Items received will not be returned.
Limitation of Liability
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OF ANY KIND WITH RESPECT TO PRODUCTS AND SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IN ANY MANNER RELATED TO ANY PRODUCTS, WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, AND NO DEALER, DISTRIBUTOR OR OTHER SUPPLIER OF PRODUCTS OR ANY OTHER PARTY HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY IN ANY RESPECT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ECCO (WHICH ECCO MAY WITHHOLD AT ANY TIME AND FOR ANY REASON IN ITS SOLE DISCRETION).
IN NO EVENT SHALL ECCO BE LIABLE FOR ANY OTHER DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH DAMAGE WAS FORESEEABLE, AND EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, IN ALL CASES WHETHER AS THE RESULT OF OR BASED ON ACTUAL OR ALLEGED BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING ANY FORM OF NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PRODUCT(S) OR PARTS, LOSS OF TIME, PROFITS, SALES OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, SYSTEMS, SERVICES OR DOWNTIME COSTS, DEATH OR PERSONAL INJURY, DAMAGE TO OR LOSS OF USE OF PROPERTY OR EQUIPMENT, OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY OR ANY OBLIGATIONS HEREUNDER.
NO STATEMENT MADE BY ANY PERSON WITH RESPECT TO ANY PRODUCT SHALL CONSTITUTE A WARRANTY, BE RELIED UPON BY ANY CUSTOMER OR ANY OTHER PARTY, OR BE DEEMED PART OF THIS LIMITED WARRANTY OR ANY SALE AGREEMENT BETWEEN ECCO AND ANY CUSTOMER.
ECCO RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THIS LIMITED WARRANTY AT ANY TIME AND FOR ANY REASON IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE, PROVIDED THAT ANY SUCH MODIFICATION OR DISCONTINUANCE WILL BE EFFECTIVE ONLY WITH RESPECT TO ANY PRODUCT PURCHASED AFTER SUCH MODIFICATION OR DISCONTINUANCE HAS OCCURRED. IN ADDITION, ECCO RESERVES THE RIGHT TO CHANGE ITS PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR DESIGN, MATERIAL COMPOSITION AND/OR COMPONENTS) FROM TIME TO TIME WITHOUT NOTICE AND WITH NO OBLIGATION TO MAINTAIN SPECIFIC SPARE PARTS OR TO MAKE CORRESPONDING CHANGES IN ECCO'S PREVIOUSLY MANUFACTURED PRODUCTS.