What this Warranty Covers:
Horizon Hobby LLC (Horizon) warrants to the original purchaser that the product
purchased (the "Product") will be free from defects in materials and
workmanship for a period of 1 year from the date of purchase and less than 6
years from the date of announcement.
What is Not Covered:
This warranty is not transferable from the original purchaser and does not cover
(i) cosmetic damage, (ii) damage due to acts of God, accident, misuse, abuse,
negligence, commercial use, improper use, installation, operation, maintenance,
or damage due to lack of or improper lubrication, (iii) modification of or to
any part of the Product, (iv) attempted service by anyone other than a Horizon
Hobby authorized service center including self-repair attempts that have
damaged the Product, (v) excessive voltage applied to any
electronic circuitry or soldering of any electronic components, including
soldering of wires to a PCB or DCC decoder board, (vi) light
bulbs, LEDs or traction tires which are considered normal wear items, (vii)
Product not purchased from an authorized Horizon Athearn dealer, or (viii)
Products older than 6 years from the date of announcement.
Visit www.athearn.com to find each
product's announcement date. Visit www.athearn.com/storelocator
to find authorized Horizon Athearn dealers.
OTHER THAN THE EXPRESS WARRANTY ABOVE, HORIZON MAKES NO OTHER WARRANTY OR
REPRESENTATION, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER ACKNOWLEDGES THAT THEY
ALONE HAVE DETERMINED THAT THE PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF
THE PURCHASERS INTENDED USE.
Horizons sole obligation and purchasers sole and exclusive remedy shall be that
Horizon will, at its option, either (i) service, or (ii) replace, any Product
determined by Horizon to be defective. Horizon reserves the right to inspect
any and all Product(s) involved in a warranty claim. Service or replacement
decisions are at the sole discretion of Horizon. Proof of purchase is required
for all warranty claims.
Limitation of Liability
HORIZON SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY,
REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, TORT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF HORIZON
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, in no event shall the liability of Horizon exceed the individual price
of the Product on which liability is asserted. As Horizon has no control over
use, setup, final assembly, modification or misuse, no liability shall be
assumed nor accepted for any resulting damage or injury. By the act of use,
setup or assembly, the user accepts all resulting liability. If you as the
purchaser or user are not prepared to accept the liability associated with the
use of the Product, purchaser is advised to return the Product immediately in
new and unused condition to the place of purchase. These terms are governed by
Illinois law (without regard to conflict of law principals). This warranty
gives you specific legal rights, and you may also have other rights which vary
from state to state. Horizon reserves the right to change or modify this
warranty at any time without notice.
Your local hobby store and/or place of purchase cannot provide warranty support
or service. Once assembly, setup or use of the Product has been started, you
must contact Horizons Athearn Trains office directly or your local distributor
outside of North America. This will enable us to better answer your questions
and service you in the event that you may need any assistance. For questions or
assistance, please email us at email@example.com or call the telephone
number found at www.Athearn.com/About/Contact.aspx, currently (310) 763-7140
ext. 123 between the hours of 8:00 AM and 3:30 PM Pacific time. If we are busy
assisting other customers and cannot answer your call immediately, please leave
a message with your call back information so that we may contact you promptly.
Inspection or Services:
If this Product needs to be inspected or serviced, please do the following:
Go to www.athearn.com/about/contact.aspx and select the "Technical support and,
product information" option to complete a contact form or call us at the
service phone listed. Provide the requested information, and in the comments
section describe the nature of the problem, Athearn stock number, your name,
return address, and a phone number where you may be reached during business
hours. We will respond via e-mail or phone call.
Pack the unaltered, original Product carefully and securely using the original
plastic shell, foam packing, any axle spacers, and plastic slip sheets top and
bottom into the original box with the Athearn label with item and description
on the box end, inside an outer shipping carton, being careful to use adequate
void fill materials to prevent movement in shipping and any associated damage.
Damage in transit is not a covered warranty repair and will have to be
photographed and communicated to you, and can only be corrected with
pre-payment which will cause significant delay. Please note that original boxes
are not designed to withstand the rigors of shipping without additional
protection. When sending product to Horizons Athearn office, you must include
inside the box: a description of the problem, Athearn stock number of included
items, your name, return address, and a phone number - or you can just include
a printout of your Athearn contact e-mail. A copy of your original sales
receipt must be included for warranty consideration.
Ship prepaid via a carrier that provides tracking and insurance for lost or
damaged parcels, as Horizon is not responsible for merchandise until it arrives
and is accepted at our facility. Address your shipment to the location to be
found at: www.athearn/about/contact.aspx, which is currently:
1600 Forbes Way Suite 120
Be sure to include inside the carton a printout of any e-mail with your legibly
written name, return address, and the nature of the defect. Make sure your
carton also has your return address legibly written on the exterior. Shipping,
packing, and packaging costs to Horizons service center for warranty repair
are not a covered expense. PRODUCTS NOT MEETING THE ABOVE REQUIREMENTS WILL BE
REFUSED FOR DELIVERY.
For Warranty consideration, you must include your original sales receipt
verifying the proof-of-purchase date. Provided warranty conditions have been
met, your Product will be serviced or replaced free of charge. Service or
replacement decisions are at the sole discretion of Horizon. Non-Warranty
Service: Should your service not be covered by warranty, service will be
completed and payment will be required without notification or estimate of the
expense unless the expense exceeds 50% of the retail purchase cost. By
submitting the item for service you are agreeing to payment of the service
without notification. Service estimates are available upon request. You must
include this request with your item submitted for service. Non-warranty service
estimates will be billed a minimum of 1 hour of labor. In addition you will be
billed for return freight. Horizon accepts money orders and cashiers checks,
as well as Visa, MasterCard, American Express, and Discover cards. By
submitting any item to Horizon for service, you are agreeing to Horizons Terms
and Conditions found on our website www.horizonhobby.com/content/_service-center_render-service-center.
Product sent for repair only must follow all of the preceding steps to avoid
Horizon service is limited to Product compliant in the country of use and
ownership. If received, a non-compliant Product will not be serviced. Further,
the sender will be responsible for arranging return shipment of the un-serviced
Product, through a carrier of the senders choice and at the senders expense.
Horizon will hold non-compliant Product for a period of 60 days from
notification, after which it will be discarded.