20
Use Only Genuine Hayward Replacement Parts.
Limited Warranty
HAYWARD hereby disclaims any and all claims, and
PURCHASER releases HAYWARD from any and all
claims for damages to any pool plaster or vinyl liner
in PURCHASER'S pool by reason of the use and/or
operation of the CLEANER.
8. This Limited Warranty is valid and enforceable only
on CLEANERS assembled, manufactured, or
purchased and installed in Europe.
9. This Limited Warranty shall apply to PURCHASER
as original purchaser of the CLEANER from an
authorized HAYWARD dealer and shall not apply to
any subsequent purchaser, assignee or other
recipient of the CLEANER from the PURCHASER.
10. The foregoing Limited Warranty gives the
PURCHASER specific legal rights, which may vary
from state to state, and accordingly, some of the
listed conditions, and exclusions may not apply to
PURCHASERS living in certain states.
11. Neither party will be liable to the other for any
failure or delay in performance due in whole or in
part to any cause beyond such party’s reasonable
control, including due to the elements, acts of God,
acts of the other party, acts of civil or military
authority, war, riots, or concerted
labor action.
12. The PURCHASER has no right to sell, transfer or
assign interest it has in this agreement without the
prior written consent of HAYWARD. HAYWARD
may, without notice, assign its interest in this
agreement or any payment or other sum due
hereunder without notice to or prior consent of the
PURCHASER. If HAYWARD makes any such
assignment, the assignee will have all of
HAYWARD's rights, obligations, powers, privileges
and remedies. Modification of this Agreement may
only be made in writing signed by an authorized
agent of HAYWARD.
Should a defect in workmanship and/or materials in the
CLEANER become evident during the term of the
Limited Warranty, PURCHASER must ship the item
freight prepaid to any authorized Factory Service Center
as soon as possible after the discovery of the defect,
together
with a copy of the Bill of Sale
including date
of purchase and serial number of the item claimed to be
defective, the name and address of the PURCHASER
and a brief description of the problems/defects
encountered. Call 0 825 000 549 (0.15 €/min TTC) for
the name and address of the nearest Factory Service
Center. HAYWARD will at its option, repair or replace all
defective CLEANER parts covered by this Limited
Warranty at its own cost and expense and return the
same to the PURCHASER freight prepaid. HAYWARD is
not responsible for any cost and expense of handling,
packing, shipping or transporting the CLEANER or any
parts to or from the Factory Service Center, unless
expressly provided to the contrary by state law. No
dealer, distributor or other similar person has any
authority to make any warranties or representations
concerning HAYWARD beyond the express terms
contained herein. HAYWARD assumes no responsibility
for any warranties beyond the express terms contained
in this Limited Warranty. This Limited Warranty is in lieu
of any other warranties expressed or implied, and is
valid and enforceable only in Europe. The PURCHASER
must provide written proof of the original date of
purchase of the CLEANER in form reasonably
acceptable to HAYWARD.
THE FOREGOING WARRANTY AND REMEDIES ARE
EXCLUSIVE AND ARE MADE EXPRESSLY IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
WHETHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR USE OR A PARTICULAR PURPOSE. HAYWARD
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE, INSTALLATION OR USE
OF THE CLEANER AND HAYWARD MAKES NO
WARRANTY WHATSOEVER FOR EQUIPMENT NOT
SUPPLIED BY HAYWARD. THE FOREGOING
WARRANTY DOES NOT COVER DAMAGE TO THE
CLEANER RESULTING FROM ACCIDENT, MISUSE,
ABUSE, OR NON-HAYWARD MODIFICATIONS OF THE
CLEANER. HAYWARD SHALL NOT BE LIABLE FOR
DAMAGES DUE TO DELAYS IN DELIVERY OR USE. IN
NO EVENT WILL HAYWARD BE LIABLE TO THE
PURCHASER FOR ANY DAMAGES INCLUDING, BUT
NOT LIMITED TO, ANY DIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO THE SALE, INSTALLATION, OR USE OF
OR INABILITY TO USE THE CLEANER, PURCHASER’S
SWIMMING POOL OR FOR ANY CLAIM BY ANY OTHER
PARTY.
