26
Limited Warranty - continued
(b)
(c)
(d)
(e)
Any replacement, modification, alteration or repair of any parts or components of the pump and motor by anyone other than Speck
Pumps - Pool Products, Inc.
Any abuse, misuse, accident, tampering with, improper installation or modification of the pump and motor or any other actions,
inactions or failures to act that violate the terms and conditions of this Limited Warranty;
Buyer’s failure or inability to present an invoice, bill, receipt or other documentation clearly evidencing that the pump and motor was
installed and maintained in strict compliance with this Limited Warranty and that the claim was timely submitted within the Limited
Warranty Period; and/or
Buyer’s failure to comply with the conditions and contingencies set forth in paragraph 3 below.
3. The Limited Warranty is expressly conditioned and contingent upon Buyer’s strict compliance with each of the following:
4. DISCLAIMER: THE LIMITED WARRANTY IS THE ONLY WARRANTY MADE AND IS IN LIEU OF ALL OTHER WARRANTIES, AND ANY
AND ALL IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE
IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY LIMITED IN THEIR SCOPE AND
DURATION TO THE TWO YEAR TERM OF THE LIMITED WARRANTY SET FORTH HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE BUYER.
5. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPECK PUMPS - POOL PRODUCTS, INC. OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING TIME, MONEY, GOODWILL, AND LOST PROFITS IN ANY WAY
WHICH MAY ARISE HEREUNDER OR FROM THE USE OF OR INABILITY TO USE THE PUMP AND MOTOR OR THE PERFORMANCE OR
NONPERFORMANCE OF ANY OBLIGATION UNDER THIS LIMITED WARRANTY. THIS PARAGRAPH, THE WARRANTY DISCLAIMERS
IN PARAGRAPH 4 ABOVE, AND THE SOLE AND EXCLUSIVE REMEDY SET FORTH IN PARAGRAPH 1 ABOVE SHALL APPLY EVEN IF
SPECK PUMPS - POOL PRODUCTS, INC. HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING,
WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE,
AND EVEN IF ANY REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS, SO THE ABOVE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY.
6. This Limited Warranty gives the Buyer specific legal rights, and the Buyer may also have other rights, which vary from state to state.
7. A return merchandise authorization (“RMA”) must be obtained from Speck Pumps - Pool Products, Inc. before returning any product.
Products returned without an RMA will be refused and returned, unopened, to the Buyer. All returned products are to be sent freight
prepaid and insured for Buyer’s protection to the manufacturer at 8125 Bayberry Road, Jacksonville, Florida 32256. Under no condition
will products be accepted after the expiration of the Limited Warranty Period. Speck Pumps - Pool Products, Inc. shall not bear any costs or
risks incurred by Buyer in shipping a defective pump and motor to Speck Pumps - Pool Products, Inc. or in shipping a repaired or replaced
pump and motor to Buyer.
(a)
(b)
Installation of the pump and motor by an experienced and qualified pool industry professional and a licensed electrician who is
licensed within the jurisdiction in which the pump and motor is installed and will be used; and
Buyer’s operation and maintenance of the pump and motor in strict accordance with Speck Pumps - Pool Products, Inc.’s printed
operator/maintenance manuals delivered with the pump and motor.
Summary of Contents for 1.1 THP Dual Voltage Series
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