Horizon Hobby LLC 1-Year LIMITED WARRANTY on Athearn Model Railroad Products
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.
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.
Horizon's 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 Horizon's 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.
Inspection or Services:
If this Product needs to be inspected or serviced, please do the following:
- Go to the Service Center page and select the "SHIP PRODUCT FOR REPAIR" option to complete a contact form. 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. A Horizon Hobby technician 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:
Horizon Hobby / Athearn Trains
2904 Research Road
Champaign, IL 61822
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 Horizon's 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 cashier's 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 Service Center page. Product sent for repair only must follow all of the preceding steps to avoid delivery refusal.
Horizon service is limited to Product compliant in the country of use and ownership. If received, a noncompliant 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 sender's choice and at the sender's expense. Horizon will hold non-compliant Product for a period of 60 days from notification, after which it will be discarded.