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Subject to the conditions and exceptions stated below, The Kirby Company (“Company”), 1920 West 114th Street, Cleveland, Ohio 44102, U.S.A., warrants to the registered owner (other than for purposes of resale) that each Kirby® product shall be free from defects in material and workmanship, under normal use and service, for three (3) years from date of purchase by the registered owner as to all components, except expendables such as but not limited to belts, disposable filter bags, brush bristles, rear wheels, or other items normally consumed during use of the Kirby® product, charges for labor or service calls, damage caused by accident, misuse, negligence, abuse, or acts of God, when used for personal, family, or household purposes (“consumer purposes”); or for ninety (90) days from the date of purchase by the registered owner as to all components, except expend- ables as defined above, when used for commercial, professional, retail, institutional, etc., purposes (“commercial purposes”). During the applicable warranty period, the Company will furnish for the Kirby® product a replacement part for any part found to be defective, through an authorized Kirby® Distributor. All transportation expense must be borne by the registered owner. Kirby® is not responsible for the cost of any service or repair provided by an unauthorized agent. In addition, this Limited Warranty does not apply to: (1) any defect or damage that has been caused by an unauthorized agent; (2) any parts other than genuine Kirby® parts; or (3) any Kirby® product which has been repaired, altered, or structurally modified so as, in the judgment of the Company, to affect its stability or reliability. There is no express representation, warranty, or condition relating to Kirby® products other than this limited warranty. Where Kirby® products are used for consumer purposes, any implied representations, warranties, and conditions, including those of merchantability and fitness for a particular purposes, statutory or other, are limited by the company to three (3) years from the date of purchase by the registered owner as to all components. Where Kirby® products are used for commercial purposes, all implied representations, warranties and conditions, including those of merchantability and fitness for a particular purposes, statutory or other, are excluded by the company and its subsidiaries and affiliates. This limited warranty is the exclusive remedy for the registered owner of a Kirby® product, and all liability for indirect or consequential damages or for any incidental expenses, whether caused by negligence or otherwise, is excluded. Some states (jurisdictions) do not allow limitations on how long implied warranties last or do not allow the exclusion or limitation of implied warranties (or conditions) or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The Company neither assumes nor authorizes any other person to assume for it, any addition- al liability in connection with the sale of Kirby® products. This limited warranty is null and void if the serial number of the Kirby® product has been defaced, removed, or changed (other than by fire or other casualty or accident or in connection with the rebuild under the fire plan.) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
– Right of Rescission – The Company requires its independent Distributors to adhere to any country, state or local laws or regulations pertaining to consumers’ cancellation rights. For example, in the United States, Distributors must adhere to the federal “cooling off” rule, which is codified as Title 16 CFR part 429.
Any consumer who, at the time of purchasing a Kirby® Home Care System, is at least sixty seven
(67) years old or has a disability (regardless of age) which restricts or prevents the consumer’s use of the Kirby® Home Care System, may cancel and rescind the purchase transaction up to nine (9) months after the date of purchase. Upon cancellation of the purchase transaction, the independent Distributor who made the sale will return all deposits, trade-in merchandise and payments to the consumer. If trade-in merchandise is no longer available, the independent Distributor will return to the consumer merchandise of an equal value and a similar type as that of the trade-in merchandise. To cancel your purchase per the above rights of rescission, please contact the independent Distributor from which you purchased your Kirby® Home Care System or The Company’s Consumer Relations Department.