Three Year Limited Warranty

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.

Cancellation Information

– 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.

GOLDEN AGER AND VULNERABLE CONSUMER PURCHASE CANCELLATION POLICY

Effective Date:  November 1, 2021

Thank you for choosing Kirby!  We are thrilled to welcome you into our family.

We want to make sure that all other members of our family are taking care of you, including our independent Distributors.  We expect all Distributors of Kirby products and their salespeople to conduct themselves legally, ethically, and professionally at all times.  Additionally, we believe in assisting the members of our family who are Golden Agers or Vulnerable Consumers and providing a little extra care and coverage. 

We define Golden Agers as consumers who, at the time of purchasing their Kirby cleaning systems, are at least seventy (70) years old.  If you are one of our family members who is a Golden Ager, we require our independent Distributors to provide a longer period in which you can change your mind and cancel your purchase.  So long as you are listed as the purchaser on the owner registration card that was submitted to Kirby for purposes of honoring your warranty, you may cancel your purchase up to ninety (90) days after the date of the sale.  In order to take advantage of this cancellation extension period, you must return the Kirby system in substantially the same condition as when you purchased the unit.

We also require our independent Distributors to take great care when demonstrating the Kirby home cleaning system to consumers who would be considered vulnerable.  We define Vulnerable Consumers as consumers with noticeable or perceived physical or mental challenges (e.g., ambulatory restrictions, dementia/confusion, fragility, etc.); consumers already in distressed financial situations; and consumers who could not fully understand the contracts they entered into due to language or cognitive barriers or intoxication.  So long as the Vulnerable Consumer is listed as the purchaser on the owner registration card that was submitted to Kirby for purposes of honoring the warranty, the Vulnerable Consumer has the right to cancel up to ninety (90) days after the date of purchase.  In order to take advantage of this cancellation extension period, Vulnerable Consumers must return the Kirby systems in substantially the same condition as when they purchased the units.

Upon cancellation of a Golden Ager’s or Vulnerable Consumer’s purchase, the independent Distributor or salesperson who made or is responsible for the sale will cancel the contract and any applicable financing and return any deposits, trade-in merchandise, and payments made.  However, a Golden Ager or Vulnerable Consumer who is exercising his/her/their cancellation right under this Policy more than thirty (30) days after the date of purchase may be required by the independent Distributor or salesperson who sold the Kirby system to pay a restocking fee of up to ten percent (10%) of the sale price of the Kirby system, which will be deducted from the Golden Ager’s or Vulnerable Consumer’s refund.   If the trade-in merchandise is no longer available, the independent Distributor will return merchandise of an equal value and of a similar type as that of the trade-in merchandise. 

As a reminder, Distributors of Kirby products are independent contractors.  As such, your purchase of the Kirby system is with the Distributor, not with Kirby.  Although Kirby is not a party to that purchase transaction, we welcome the opportunity to assist you should you have any questions related to effectuating this Policy.   Please call us at 800-494-8586, Monday – Friday, 8:00 a.m. to 5:00 p.m., EST, or email us at [email protected]