PerformancePro Pumps
ArtesianPro Series
Limited Warranty
This ArtesianPro series product is warranted to the Purchaser (defined herein as the original end user) to be free of defects in construction and
workmanship at the time of purchase. In the event this product malfunctions within three years (for fresh water use) or one year (for use with salt water
or other suitable fluids) from the date of purchase the sole obligation of PerformancePro Pumps will be to replace or make this product capable of being
operated according to the original product description without charges for labor or parts to the Purchaser, and are subject to the following conditions:
1. The malfunction is proved attributable to a defect in construction or workmanship, including repairs performed under this warranty. Malfunction for
any other reason - including but not limited to misuse, abuse, negligence, accident, corrosion or salt build up, incorrect wiring or electrical supply,
tampering with parts, or improper installation - will not be remedied under this warranty. Problems or damage from failure to comply with instructions in
the owner’s manual, improper plumbing and positioning, flooding, incompatibility with fluid chemistry and running unit dry are not covered under this
warranty.
2. PerformancePro Pumps must perform all warranty repairs. Purchaser must retain the purchase receipt and present it with this certificate as proof of
ownership and entitlement to warranty repairs. The cost of unauthorized repairs will not be reimbursed to Purchaser by PerformancePro Pumps, and
are not the responsibility of PerformancePro Pumps. If repairs by Purchaser or a third party damage the product, such damage is not remediable under
this warranty.
3. Purchaser shall bear all shipping, packing, and insurance costs and all other costs, excluding labor and parts necessary to effectuate repairs under
this warranty. Purchaser will pay for return freight.
4. For applications that invo
lve fluids other than water, the Purchaser shall retain and present to PerformancePro Pumps evidence of purchaser’s
compatibility tests under actual operating conditions. Any problems caused by a chemical incompatibility of the fluid with the pump materials, are
expressly not covered by this warranty.
5. Periodic check-ups and/or maintenance are not covered by this warranty.
6. For
all sales in the State of Oregon this is the sole and exclusive manufacturer’s warranty. There are no warranties which
extend beyond the warranty set forth herein, and in accord with Oregon Revised Statutes ORS 72.3160 any and all implied
warranties, including any warranties of merchantability and fitness for particular purpose, are disclaimed and excluded. Some
States do not allow disclaimers/exclusions of, or limitations on how long an implied warranty lasts, so in such States, and
except as is otherwise provided by applicable law of said States, no action on a warranty implied at law shall be commenced
more than one year following the date of purchase. No action shall be brought for breach of any express warranty subsequent
to the expiration of the express written warranty.
7. Incidental and consequential damages (specifically including, but not limited to, damages for loss of profits or damages
relating to down time of personnel, equipment, or facilities) caused by malfunction, defect, or otherwise, whether alleged to
be the result of breach of any express or implied warranty, or the negligence, willful misconduct or other act of
PerformancePro Pumps are not the responsibility of PerformancePro Pumps, and to the extent permitted by law, are hereby
excluded, including, but not limited to property damage, and to the extent not prohibited by applicable law, personal injury or
death and Purchaser hereby agrees to expressly waive any claim for all such damages. If a final determination is made in a
court of competent jurisdiction that any one or more of the damages which are disclaimed, excluded and/or waived under this
paragraph are not allowed under public policy or applicable law, then the disclaimer, exclusion and waiver of all of the other
damages not prohibited by public policy or applicable law shall continue to apply.
8. This warranty does not apply to any malfunction arising out of any application of this product other than in a use compati
ble with the manufacturer’s
product description, unless such application is, upon request, specifically approved in writing by PerformancePro Pumps.
9. The provisions of this warranty are severable and if any provision shall be deemed invalid, the remaining provisions shall remain in full force and
effect.
10. This limited warranty extends only to the original Purchaser (end user) and does not extend to transferee or purchaser from the original Purchaser.
Any purported assignment without the consent of PerformancePro Pumps shall be null and void.
11. No warranty whatsoever of chemical compatibility or application suitability is given. It is the sole responsibility of the Purchaser to determine if the
merchandise purchased is suitable for Purchaser’s specific application. PerformancePro Pumps strongly advises that the customer perform any and all
tests necessary to determine material compatibility and product suitability for customer’s specific conditions and needs.
12. This contract shall be governed by and in accordance with the laws of the State of Oregon. Purchaser agrees that proper jurisdiction and venue for
any claim brought hereunder is in Washington County, Oregon.
13. This limited warranty is incorporated by reference into the contract of purchase for the products supplied by PerformancePro Pumps to Purchaser
under said contract.
