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EVAPCO
®
STANDARD EXPRESS WARRANTY FOR
EVAPCO WATER SAVER™
EXPRESS WARRANTY
EVAPCO warrants all components of the Water Saver™ System against failure caused by defects in materials and workmanship for a
period of twelve (12) months from the date installation is completed in accordance with good engineering practices or eighteen (18)
months from the date of shipment, whichever occurs first. Included in this warranty are all standard and accessory components shipped
with the system. All defective parts to be repaired or replaced shall be delivered to EVAPCO, shipping prepaid, with return shipment
to the Buyer by EVAPCO to be made F.O.B. the factory, shipping prepaid by the Buyer.
The product warranty is predicated on system installation, operation, and maintenance in accordance with EVAPCO’s recommended
operation and maintenance procedures. Failure to follow EVAPCO’s recommended installation, operation, and maintenance
procedures will void these warranties.
Labor costs associated with any repair work performed under the terms of the warranties are
NOT included within the warranty. The Buyer assumes responsibility for compliance with any regulations, codes, standards or
ordinances applicable to the installation, location, operation or maintenance of the products. No person, agent, or dealer is authorized
to enlarge upon the warranties set out herein or the obligations of EVAPCO hereunder.
LIMITATION OF LIABILITY
THE SOLE REMEDY FOR BREACH OF THE EXPRESS WARRANTIES DESCRIBED HEREIN SHALL BE REPAIR OR REPLACEMENT OF THE
EQUIPMENT BY EVAPCO, OR REFUNDING THE PURCHASE PRICE FOR THE WATER SAVER SYSTEM SET FORTH ON THE PURCHASE
ORDER LESS STARTUP AND MAINTENANCE FEES. IT SHALL BE IN EVAPCO’S SOLE DISCRETION AS TO WHETHER REPAIR,
REPLACEMENT OR REFUND IS THE APPROPRIATE REMEDY. IF EVAPCO DECIDES TO MAKE REPAIRS, EVAPCO HAS THE OPTION OF
COMPLETING ALL NECESSARY REPAIRS ITSELF, OR AUTHORIZING A THIRD PARTY TO PERFORM SUCH REPAIRS AT EVAPCO’S
EXPENSE. EVAPCO IS NOT RESPONSIBLE FOR ANY REPAIR WORK PERFORMED BY A THIRD PARTY THAT EVAPCO DID NOT PRE-
APPROVE IN WRITING. EVAPCO IS ONLY RESPONSIBLE FOR COSTS THAT PERTAIN TO REPAIR OR REPLACEMENT OF EQUIPMENT
SUPPLIED BY EVAPCO (i.e., EVAPCO IS NOT RESPONSIBLE FOR REPLACEMENT OR MODIFICATION OF PIPING, OR “IN AND OUT”
COSTS SUCH AS THIRD PARTY LABOR, CRANE OR OTHER EQUIPMENT FEES).
NOTWITHSTANDING ANYTHING ELSE IN THIS DOCUMENT, EVAPCO’S LIABILITY OF ANY KIND WHATSOEVER SHALL NOT EXCEED THE
PURCHASE PRICE SET FORTH ON THE PURCHASE ORDER. UNDER NO CIRCUMSTANCES SHALL EVAPCO BE LIABLE FOR LOST PROFITS,
LOST SAVINGS, PERSONAL INJURIES, INCIDENTAL DAMAGES, ECONOMIC LOSS, PROPERTY DAMAGE, OR ANY OTHER
CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF EVAPCO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED TO THE COOLING OR REFRIGERATION
SYSTEM AS A WHOLE OR ANY INDIVIDUAL COMPONENTS THEREOF. In addition, Evapco shall not be responsible for any injuries or
damages of any kind whatsoever under any theory of tort to the extent the injuries or damage are caused by misuse of the product
by buyer or any third party.
DISCLAIMER OF IMPLIED WARRANTIES
OTHER THAN THE EXPRESS MANUFACTURER’S WARRANTY DESCRIBED HEREIN, THE UNIT IS SOLD “AS IS” AND THERE ARE NO OTHER
WARRANTIES. EVAPCO HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, THAT THE UNIT IS FIT FOR A PARTICULAR USE OR PURPOSE, THAT THE
UNIT IS FIT FOR A PARTICULAR APPLICATION OR ENVIRONMENT, AND ANY WARRANTIES THAT MIGHT OTHERWISE ARISE OUT OF
A COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE.
WS181207
