Retaining wall blocks and lock bars sold under the “Anchor Wall Systems” and “AWS” brands are manufactured by independent manufacturers under license from Anchor Wall Systems, Inc. (“AWS”) according to specifications set by AWS. AWS provides the following limited warranty with respect to these blocks and lock bars. This limited warranty is the only warranty from AWS or its licensees applicable to these blocks and lock bars.
AWS warrants that at the time of delivery of the blocks to the owner of the property where the blocks are first installed, they conform to the most current revision of the ASTM Standard Specification for Segmental Retaining Wall Units (ASTM C1372) at that time. In the case of lock bars, AWS warrants that at the time of delivery to the owner of the property where the lock bars are first installed, they conform to the AWS specification then applicable to lock bars.
This warranty extends to all persons in the original chain of distribution from the manufacturer to the owner of the property when and where the products are first installed. Because the blocks are manufactured using mined materials, there may be color variations in these products from the same manufacturing run as well as in products from different runs. In addition, efflorescence may result from the naturally occurring chemical reaction between the product and the air around it. Accordingly, no guarantee of color shades is made or implied. In addition, minor imperfections in shape, appearance or dimensions are not considered to be defects. The warranty with respect to lock bars is voided if the lock bars are subjected to prolonged exposure to ultraviolet light, temperatures in excess of 150° Fahrenheit or petroleum-based solvents. The warranty with respect to blocks is voided if the blocks have been damaged due to handling, wall design, installation, contact with chemicals (such as deicers), earth shifts, or Acts of God.
All requests for warranty service should be directed to: Anchor Wall Systems, Inc. attention Warranty Service, 5959 Baker Road, Suite 390, Minneapolis, MN 55345-5996. The exclusive liability for any breaches of warranty is limited to supplying replacement components to the job site, at no charge for the products or delivery. Under no circumstances do AWS or its licensees have any obligations to remove nonconforming components or to install the replacement components. If AWS is unable or fails to supply replacement components when obligated to do so, AWS’s entire liability is limited to refunding the purchase price. These remedies are the purchaser’s exclusive remedies against AWS or its licensees for any breach of warranty concerning the Anchor Wall System or its components and these remedies will not be deemed to have failed of their essential purpose so long as AWS is willing and able to replace any nonconforming products or to refund the purchase price.
FOR TRANSACTIONS IN WHICH THE PRODUCTS ARE NOT CONSUMER PRODUCTS WITHIN THE MEANING OF THE MAGNUSON-MOSS WARRANTY ACT, AWS AND ITS LICENSEES DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, TO THE FULLEST EXTENT ALLOWED BY LAW. IN ALL OTHER TRANSACTIONS, THE DURATION OF ANY LIMITED WARRANTIES IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
UNDER NO CIRCUMSTANCES ARE AWS OR ITS LICENSEES RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (including, without limitation, the cost to remove nonconforming components or to install replacement components, loss of profits, harm to goodwill or business reputation, or delay damages) whether such claims are based in contract, warranty, negligence or strict tort. This exclusion applies even if the remedy set forth above is deemed to have failed of its essential purpose.
Some states (and some Canadian provinces) do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Unless modified in a writing signed by an officer of AWS, the limited warranty set forth above is the only express warranty (whether written or oral) applicable to retaining wall blocks and lock bars from AWS or its licensees and no one is authorized to otherwise modify or expand this warranty. The validity and interpretation of this warranty are governed by the internal laws (and not the law of conflicts) of the State of Minnesota.
This warranty gives you specific legal rights, and you also may have other rights that vary from state to state (or from province to province in Canada).