Anchor Wall System Limited Warranty

Wall units sold under the “ANCHOR Diamond” brand are made by independent manufacturers according to specifications set by ANCHOR Diamond, Inc. (“AWS”).  This limited warranty is the only warranty from AWS or its independent manufacturers applicable to these products.

For purposes of this limited warranty, the term “AWS Wall Units” encompasses: (1) the concrete units promoted and sold under the “ANCHOR Diamond” brand for use in the construction of earth - retaining walls or structures; (2) the concrete units promoted and sold under the “ANCHOR Diamond” brand for use in the construction of free-standing walls; (3) the base units, cap units, corner units, and column units promoted and sold under the “ANCHOR Diamond” brand; (4) AWS’s Landings™ step units; and (5) the concrete edger units promoted and sold under the “ANCHOR Diamond” brand .

AWS and its independent manufacturers warrant that, subject to the exceptions noted below, AWS Wall Units conform to the ASTM Standard Specification for Segmental Retaining Wall Units (ASTM C1372) at the time of their delivery to the original job (installation) site.

If AWS Wall Units do not conform to ASTM C1372 at that time, then, subject to the exceptions noted below, AWS and its independent who made the non-conforming units will supply replacement AWS Wall Units of the same style to the original installation site at no charge for the replacement AWS Wall Units or for their delivery.

 Please note the following:

• Because AWS Wall Units are manufactured using mined materials, there may be color variations in these products from the same manufacturing run as well as in products from different runs. In addition, an efflorescence of whitish color may blossom from time-to-time on the surfaces of all concrete products, including AWS Wall Units, as a result of naturally occurring chemical reactions between them and their surrounding environment.  Accordingly, no guarantee of color shades or freedom from efflorescence is made or implied.
• The warranty is voided if AWS Wall Units have been damaged due to handling, wall design, installation, contact with deleterious chemicals (such as deicers), earth shifts, or Acts of God.
• The only liability of AWS and its independent manufacturers for any breach of this warranty is to supply replacement AWS Wall Units to the original installation site, at no charge for the replacement units or for their delivery.  Under no circumstances does AWS or its independent manufacturers have any obligation to remove nonconforming AWS Wall Units or to install the replacement units.
• If AWS and its independent manufacturers are unable or fail to supply replacement units when obligated to do so, their entire liability is limited to refunding the purchase price of the units.
• These remedies are the purchaser’s exclusive remedies against AWS or its independent manufacturers for any breach of warranty concerning AWS Wall Units and these remedies will not be deemed to have failed of their essential purpose so long as AWS and its independent manufacturers are willing and able to replace any nonconforming products or to refund the purchase price. 

All requests for warranty service should be directed to: ANCHOR Diamond, Inc., Attn: Warranty Service, 5909 Baker Road, Suite 550, Minneapolis, MN 55345.

FOR TRANSACTIONS IN WHICH THE PRODUCTS ARE NOT CONSUMER PRODUCTS WITHIN THE MEANING OF THE MAGNUSON-MOSS WARRANTY ACT, AWS AND ITS INDEPENDENT MANUFACTURERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, TO THE FULLEST EXTENT ALLOWED BY LAW. IN ALL OTHER TRANSACTIONS, THE DURATION OF ANY LIMITED WARRANTIES IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW. 

UNDER NO CIRCUMSTANCES ARE AWS OR ITS INDEPENDENT MANUFACTURES RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (including, without limitation, the cost to remove nonconforming AWS Wall Units or to install replacement AWS Wall Units, loss of profits, harm to goodwill or business reputation, or delay damages) whether such claims are based in contract, warranty, negligence or strict tort. This exclusion applies even if the remedy stated above is deemed to have failed of its essential purpose.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

Unless modified in a writing signed by an officer of AWS, the limited warranty stated above is the only express warranty (whether written or oral) from AWS or its independent manufacturers that is applicable to AWS Wall Units and no one is authorized to otherwise modify or expand this warranty. The validity and interpretation of this warranty are governed by the internal laws (and not the law of conflicts) of the State of Minnesota. 

This warranty gives you specific legal rights, and you also may have other rights that vary from state to state.