OVERRIDING DOCTRINE OF ‘ORIGINAL ENSEMBLE’

Customer must use original parts, components and sub-systems provided with tower to maintain warranties. Substitution with customer preferred or selected parts, components or other elements in the complete tower system without express written factory approval is not allowed and will void any structural or mechanical warranty, including wind-load ratings. Customer must accept and use LeBLANC’ recommendation of masts, LeBLANC’ mounts, LeBLANC’ selected antenna thrust bearings, original LeBLANC’ nuts, bolts & fasteners, any accessories or appurtenances, in order to activate and enforce warranty. Any deviation or exception from the usage of original recommended accessories, sub-assemblies, parts, etc. must be expressly pre-approved by LeBLANC in writing in order to maintain any and all warranties, either mechanical, structural or relating to operating parameters of towers. Customer shall not add other items or parts to the tower without LeBLANC’ express written approval for each and any additional mounted or related items; the unauthorized use or attachment of such will void all warranties.

INSTRUCTIONS, EXCEPTIONS AND EXCLUSIONS

Making a Claim: Notice of any claim under this Warranty Statement must be presented to LeBLANC before the warranty expiration date and within ten (10) days of the date of discovery. The warranty claim should include the Customer Order # and/or Customer/Purchaser name, date of purchase, address, phone; email address. Claim should also include specific description of problem with the following elements: the part # , serial # (if applicable), reason for claim, original date of installation, dates of re-installation (if applicable), time and cycles on the units, and a reasonable turnaround time requested. By reasonable, expectation for parts shippable up to 30 days, depending on the part; for standard size sections and most welded accessories, expected reasonable ship time is 10-21 days. Replacement time may be lengthened due to shortage or delay of raw materials from other vendors or suppliers; if this is the case LeBLANC will communicate to customer the expected waiting period shortly after receiving claim.

MODE OF RESOLUTION AND TRANSPORT

Upon review of claim, LeBLANC will determine whether the parts or sections will be repaired or replaced. If repairable, customer will be instructed on the best way to ship damaged part, either by freight or parcel carrier. LeBLANC may have specific instructions on packaging or choice of carriers, so customer should wait for LeBLANC to instruct them on the transport. No UNAUTHORIZED RETURNS should ever be shipped by freight; this will void any warranty, and may not be accepted.
Should the warranty claim fall within the covered time period, LeBLANC will prepay the return delivery, via our selected carriers and methods. A new warranty is NOT established for the repaired or replaced Equipment; warranty time period only continues from original shipment date unless expressly extended in writing by LeBLANC.

LeBLANC is in no way obligated to follow or conform to customer specific preferences or stipulations when resolving disputes. LeBLANC reserves the right summarized below:

1. The right to select own methods in seeking to repair or replace any and all damaged, defective or out-of-warranty parts, components or sections.
2. The choice of contractors, sub-contractors, employees or any other labor to perform a warranty claim shall at all times be retained and exercised by LeBLANC and will conform only to LeBLANC’ standards, requirements and preferences.
3. All transportation expenses of material or personnel, not paid in full by the customer (non-refundable), shall strictly remain the choice of LeBLANC at all times.Equipment that has been subjected to misuse, neglect, damaged by accident, rendered defective by improper installation, removal, operation or maintenance by a person other than an LeBLANC employee or contractor, are not covered by any warranty. LeBLANC shall not be responsible for equipment removal, examination, analysis, reinstallation, or transportation performed by the Customer or any other person or entity. It is expressly understood and agreed that LeBLANC, its officers, employees or agents shall not be liable to Customer, whether by way of indemnification, contribution or otherwise, for consequential, incidental, exemplary or punitive damages, or economical loss of any nature whether arising out of, or relating to this Warranty Statement and its services.

The warranties contained herein and LeBLANC’ liability for the performance of Services are expressly in lieu of, and Customer hereby waives, any and all other warranties, agreements, guarantees, conditions, duties, obligations or liabilities, express or implied, arising by operation of law or otherwise (including, without limitation, the warranties of merchantability or fitness for use and implied warranty arising by usage or course of dealing) with respect to the quality of LEBLANC’ performance of Services. Except as expressly provided under this Warranty, Customer hereby waives and releases LeBLANC from any other obligation or liability arising out of any claimed defect in any product or Service provided hereunder, whether in contract, tort or any other form of action.

The total damages that Customer may be entitled to recover against LeBLANC in the event of a breach of the foregoing warranties by LEBLANC shall not exceed the reasonable costs incurred by Customer in performing or having performed the warranty work.

DOCTRINE OF ORIGINAL ENSEMBLE

LeBLANC recommends each tower to a specific Customer with all parts working together as a whole integrated unit. Each element, component or part of a tower system has its own purpose, function and capacity and operates in conjunction with other parts. Each part may have a function to support other parts or the whole tower system. If a part or component is removed from the overall system, the overall system will suffer in performance or capacity. If a part’s use or function is exaggerated or overly relied upon to do the work of other system parts, the overall system will become imbalanced and will also not be able to function at its maximum capacity. LeBLANC designs and is responsible for determining which parts perform certain functions and how they relate to the other parts. The replacement of any individual part may have effects on any other part or group of parts. For tower warranties to be maintained, the original choice of LeBLANC selected parts and components should be respected at all times.