Anchor Block Company Limited Warranty

 With respect to all its products except retaining wall blocks and lock bars sold under the “Anchor Wall Systems” and “AWS” brands (which are covered by a separate warranty from Anchor Wall Systems, Inc.), Anchor Block Company (“Seller”) warrants that at the time of its delivery of its products, its products conform to any ASTM specification then applicable to the particular product. 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 Seller’s products are manufactured using mined materials, there may be color variations in 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 in material or workmanship. The warranty is voided with respect to any blocks that 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 BLOCK COMPANY, 6101 Baker Road, Suite 205, Minnetonka, MN 55345. Seller’s exclusive liability for any breaches of warranty is limited to supplying replacement products to the job site, at no charge for the products or delivery. Under no circumstances does Seller have any obligation to remove non-conforming products or to install the replacement products. If Seller is unable or fails to supply replacement products when obligated to do so, Seller’s entire liability is limited to refunding the purchase price. These remedies are the purchaser’s exclusive remedies for any breach of warranty and these remedies will not be deemed to have failed of their essential purpose so long as Seller is willing and able to replace any non-conforming 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, SELLER DISCLAIMS 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 IS SELLER RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (including, without limitation, the cost to remove non-conforming product or to install replacement product, 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 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 Seller, the limited warranty set forth above is the only express warranty (whether written or oral) applicable to Seller’s products (except for retaining wall blocks and lock bars sold under the “Anchor” and “AWS” brands) and no one is authorized to otherwise modify or expand this written warranty. The validity and interpretation of this warranty is 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.