Limited Warranty and Disclaimer of Liability

1.  Scope of Warranty

Refuse Fab LLC provides this Limited Warranty to the original purchaser (“Buyer”) of new waste disposal equipment and container, as well as custom made fabricated industrial items (collectively, the “Products”) sold by Refuse Fab LLC. This Limited Warranty applies only to Products manufactured by Refuse Fab LLC and sold directly to the Buyer.

2.  Warranty Coverage

Refuse Fab LLC warrants that the Products manufactured by Refuse Fab LLC shall be free from defects in material and workmanship under normal use and service. The warranty period for all Refuse Fab LLC Products manufactured and provided by Refuse Fab LLC, or an authorized distributor is for a period of twelve (12) months from the date of shipment from the Refuse Fab LLC designated shipping point, unless otherwise specifically indicated as follows:

• Waste Disposal Containers & Equipment: 12 months from date of shipment from the Refuse Fab LLC designated shipping point.
• Custom Fabrications: Thirty (30) days from date of shipment from the Refuse Fab LLC designated shipping point, or the date of pick up.

3.  Exclusions from Coverage

This Limited Warranty does not cover, and Refuse Fab LLC shall bear no liability for the following:

1. Normal wear and tear;
2. Damage arising from misuse, negligence, abuse, unauthorized modifications or repairs, or improper installation or handling;
3. Cosmetic damage incurred during stacking, unstacking, transportation, loading, or unloading, including scratches or dents—specifically when containers are stacked to reduce freight costs;
4. Damage caused by third parties, shipping carriers, or Buyer’s employees, contractors, or agents;
5. Damage caused by repairs made by anyone other than Refuse Fab LLC personnel or an approved contractor;
6. Aftermarket or non-OEM parts or components added to the Products;
7. Incidental, consequential, special, or punitive damages, including but not limited to loss of use, lost profits, or business interruption;
8. Any Products sold “as-is,” including used or demo units, unless expressly warranted in writing.

4.  Warranty Claims Process

To initiate a warranty claim, Buyer must:

1. Notify Refuse Fab LLC in writing at 7100 St. Gabriel Avenue, St. Gabriel, LA 70776 prior to the expiration of the warranty period;
2. Provide proof of purchase and a detailed description of the alleged defect;
3. Permit Refuse Fab LLC, upon request, to inspect the Product at Buyer’s expense.

5.  Refuse Fab LLC’s Obligations and Sole Remedy

If a valid warranty claim is established, Buyer’s exclusive remedy—and Refuse Fab LLC’s sole obligation—is limited to repair or replacement of the Products, at Refuse Fab LLC’s option. Buyer shall bear all freight charges associated with transportation to and from the repair site. If repairs are to be made at a non-factory location, Buyer shall bear all reasonable out-of-pocket expenses (including travel and lodging) incurred by Refuse Fab LLC personnel. Buyer is solely responsible for making the goods accessible for such repair or replacement. No back charges shall be accepted unless previously agreed upon in writing.

6.  No Returns or Exchanges

All sales of Products are final. Refuse Fab LLC does not accept returns or exchanges of purchased equipment under any circumstances.

7.  Delivery, Loading, and Unloading

Refuse Fab LLC is not responsible for unloading Products upon delivery. Buyer must ensure proper equipment and personnel are available to safely unload Products without causing damage to the delivery vehicle or Products. Any damage to the Products or third-party equipment occurring during unloading is the sole responsibility of Buyer. Buyer acknowledges that upon departure from Refuse Fab LLC’s designated shipping point, all risk of loss or damage transfers to Buyer.

8.  Storage and Pickup

If Buyer fails to retrieve the Products within five (5) business days of notice of availability, Buyer shall incur a one-time storage surcharge of $50.00, which must be paid at the time of pickup.

9.  Governing Law

This Limited Warranty shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law principles.

10.  Limitation of Liability

IN NO EVENT SHALL REFUSE FAB LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR DAMAGE TO OTHER PROPERTY OR EQUIPMENT, ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS.

11.  Disclaimers

THE WARRANTIES SET FORTH HEREIN CONSTITUTE THE EXCLUSIVE WARRANTIES GIVEN BY REFUSE FAB LLC WITH RESPECT TO THE GOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED.