KIRBY'S FIRE PLAN
In the event the Kirby Heritage II vacuum cleaner and
Standard Convenience Group of Attachments, while
owned by and in the possession of the original pur-
chaser, for consumer purposes, should be damaged
or destroyed by fire on the premises of such purchaser,
The Company will rebuild or, at its sole option, replace
the Kirby and Standard Convenience Group of
Attachments for a fee of 899.00 U.S. (or the equivalent
in Canadian dollars at the time service is rendered)
subject to the following:
Within ninety (90) days of the damaging fire, the
original purchaser must report the fire loss directly to,
and send all fire damaged remains (unless com-
pletely incinerated and no damaged remains can be
returned), to the Company's factory at 1920 West 114th
Street, Cleveland, Ohio 44102, (or in Canada to Kirby
of Canada, 1009 Burns St. East, Whitby, Ontario,
Canada L1N 6A6) transportation prepaid. Proof of
original purchase or a notarized affidavit that such
owner is the original purchaser (and that the Kirby
and/or Standard Convenience Group of Attachments
were completely destroyed in the fire if applicable),
along with a copy of the fire report from the respond-
ing fire department, must be Included.
Limited Warranty
1 Subject to the conditions and exceptions stated
below, The Kirby Company ("Company") warrants to
the original purchaser that each factory repair,
rebuild or replacement made under the terms and
conditions of the Fire Plan shall be free from defects
in material and workmanship, under normal use
and service, for one (1) year from the date of any
factory repair, rebuild or replacement provided
to the original purchaser under the terms and
conditions of the Fire Plan.
2. During the Warranty period, the Company will fur-
nish for the Kirby vacuum cleaner and Standard
Convenience Group of Attachments, a replace-
ment part for any part found to be defective. All
transportation expenses must be borne by the
purchaser.
3. This Limited Warranty does not apply to motor
brushes, belts, light bulbs or other expendables,
charges for labor or service calls, damage caused
by accident, misuse, negligence, abuse, or to any
Kirby product which has been repaired or struc-
turally modified so as in the judgment of the Com-
pany to affect its stability or reliability.
4. The foregoing provisions state the exclusive remedy
for any breach of warranty or any other claim in
respect of any breach of warranty or any other
claim in respect of any Kirby product.
5, THERE IS NO EXPRESS REPRESENTATION, WARRANTY
OR CONDITION RELATING TO FACTORY REPAIR,
REBUILD OR REPLACEMENT OF KIRBY PRODUCTS
OTHER THAN THIS LIMITED WARRANTY. IN THE CASE
OF REPAIR, REBUILD OR REPLACEMENT OF KIRBY
PRODUCTS PROVIDED TO THE ORIGINAL
PURCHASER UNDER THE TERMS AND CONDITIONS
OF THE FIRE PLAN, ALL IMPLIED REPRESENTATIONS,
WARRANTIES AND CONDITIONS, INCLUDING THOSE
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND REPAIR OR REBUILDING IN A
SKILLFUL AND WORKMANLIKE MANNER, STATUTORY
OR OTHER, ARE LIMITED BY THE COMPANY AND ITS
SUBSIDIARIES AND AFFILIATES IN THE CASE OF KIRBY
PRODUCTS USED FOR CONSUMER PURPOSES TO
(1) YEAR FROM THE DATE OF ANY FACTORY REPAIR,
REBUILD, OR REPLACEMENT.
THIS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY
FOR THE ORIGINAL PURCHASER IN RESPECT OF
FACTORY REPAIR, REBUILD OR REPLACEMENT OF A
KIRBY PRODUCT MADE UNDER THE TERMS AND
CONDITIONS OF THE FIRE PLAN, AND ALL LIABILITY
FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR
FOR ANY INCIDENTAL EXPENSES 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.
6. The Company neither assumes nor authorizes any
other person to assume for it, any additional liability
in connection with the sale of its products or
services.
7. THE LIMITED WARRANTY IS NULL AND VOID IF THE
NAME PLATE OR SERIAL NUMBER OF THE KIRBY HAS
BEEN DEFACED, REMOVED, OR CHANGED (OTHER
THAN BY FIRE OR OTHER CASUALTY OR ACCIDENT,
OR IN CONNECTION WITH A REBUILD UNDER THE
EXTENDED PROTECTION PLAN),
8. This Limited Warranty gives you specific legal rights,
and you may also have other rights which vary from
state to state.
9. Service calls and labor costs, including those dur-
ing the warranty period, will be at the expense of
the owner.
a !icon Fetzer company
37
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