HydroLogic Hydroid, User Manual

Page: 37 / 38

Hydroid
– Series User Manual
37 04/19
pretreatment equipment which has been utilized in connection with the product, if any; (7) an operating log, which
can be found in the product manual. Manufacturer shall, in Manufacturer
’s reasonable discretion, be the sole
judge of whether a returned product or component is defective in material or workmanship.
Required or replaced products or components shall be returned surface freight. In genuine emergency situations,
Manufacturer will at Manufacturer
’s sole discretion) forward replacement parts to Customer without waiting for
authorized return of the questionable part(s). In such cases, Customer will issue a purchase order or other
payment guarantee prior to shipment. If the returned part is found to have been misused or abused, or the
defective part is not received by Manufacturer within thirty (30) days; the Customer will be invoiced for the
replacement part(s) provided. This Warranty
does not cover or include labor and/or travel to the Customer’s
premise or location or any other location. Charges of $1000 per day plus associated travel expenses will be
incurred by the Customer in providing the Warranty Service at any location other than Manufacturer
’s main
headquarters; that is if the Manufacturer deems that the product is not covered by said Warranty. The
Manufacturer reserves the right to precondition such travel to Cus
tomer’s premises upon prepayment of
Manufacturer
’s anticipated costs of attending such premises.
Voidability of Warranty
This Warranty shall be void and unenforceable as to any Manufacturer product which has been damaged by
accident, mishandling, abuse or has been repaired, modified, altered, disassembled or otherwise tampered with
by anyone other than Manufacturer or an authorized Manufacturer service representative; or, if any replacement
parts are not authorized by Manufacturer have been used, or, the product has not been installed, operated and
maintained in strict accordance and adherence with the operating documentation and manuals for such product.
Any expressed Warranty, or similar representation of performance set forth in the operation documentation for
media or resin incorporated into a product by the Manufacturer shall be void and unenforceable unless the feed
water requirements set forth in the operating documentation for such product are unequivocally and strictly
adhered to.
Limitations and Exclusions
THIS WARRANTY AND REMEDIES DESCRIBED HEREIN AND HEREINABOVE ARE EXCLUSIVE AND IN LIEU OF ANY
AND ALL OTHER WARRANTY OR REMEDIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE
MANUFACTURER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR TYPES OF DAMAGES,
FOR DAMAGES FOR THE LOSS OF PRODUCTION OR PROFITS, OR INJURY TO PERSON OR PROPERTY. NO PERSON
HAS ANY AUTHORITY TO BIND THE MANUFACTURER TO OTHER THAN WHAT IS SET FORTH ABOVE.
THIS WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS AND THE CUSTOMER MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE PARTIES RECOGNIZE AND AGREE, THAT IN ALL
RESPECTS THE LAWS OF THE STATE OF CALIFORNIA SHALL APPLY TO AND SHALL GOVERN ANY
INTERPRETATION OR LEGAL SIGNIFICANCE OF THIS DOCUMENT.
NO WARRANTY OR OTHER LIABILITY OF THE MANUFACTURER TO CUSTOMER UNDER THIS AGREEMENT OR
OTHERWISE WILL IN ANY EVENT EXCEED THE COST OF REPLACEMENT OF THE APPLICABLE MANUFACTURER
PRODUCT, PART, OR ACCESSORY THAT IS SUBJECT TO ANY BREACH OF MANUFACTURER
’S WARRANTY.
MANUFACTURER
WILL NOT BE LIABLE FOR ANY DAMAGE TO ANY PROPERTY OF CUSTOMER OR TO CUSTOMER’S
CUSTOMERS FOR ANY CONSEQUENTIAL, INCIDENTAL, OR ECONOMIC LOSS OR COMMERCIAL DAMAGE
WHATSOEVER. REMEDIES HEREIN PROVIDED ARE EXPRESSLY MADE THE SOLE AND EXCLUSIVE REMEDIES FOR
BREACH OF ANY WARRANTY OR OTHER OBLIGATION HEREUNDER EXPRESS OR IMPLIED OR FROM THE
OPERATION OF LAW.