11
5
Limited Warranty
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Table 3.0
Speck Pumps-Pool Products, Inc. grants solely to the original consumer purchaser (“Buyer”) of the controller the following
personal, non-transferable and limited warranty on the following terms and conditions (the “Limited Warranty”): the controller
is warranted to be free of material defects in materials or workmanship under normal use for a period of one (1) year
beginning on the date of the Buyer’s purchase of the pump and motor. Not withstanding any provisions herein to the
contrary, the warranties and obligations hereunder shall not in any event extend for more than two (2) years beyond the date
of shipment of the controller from the factory (the “Limited Warranty Period”). The Limited Warranty is subject to each of the
following additional terms and conditions:
1.
IN THE EVENT OF ANY BREACH OF THE LIMITED WARRANTY, SPECK PUMPS - POOL PRODUCTS, INC.’S
ENTIRE OBLIGATION AND LIABILITY TO BUYER, AND BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE AS
FOLLOWS:
Speck Pumps - Pool Products, Inc. will, at its option, either repair or replace the controller or refund to Buyer
the purchase price actually paid by Buyer for the controller subject to the Limited Warranty. Speck Pumps - Pool Products,
Inc. shall have no obligations under the Limited Warranty unless Buyer delivers timely written notice to Speck Pumps - Pool
Products, Inc. of the Limited Warranty claim within the Limited Warranty Period and returns the controller to Speck Pumps -
Pool Products, Inc. if requested. To the fullest extent permitted by law, Speck Pumps - Pool Products, Inc. expressly disclaims
any liability for, and the Limited Warranty does not include or cover, any labor, costs or other expenses in connection with
the removal, transportation, shipment, insurance, replacement, repair, or installation of repaired or replaced parts or for any
other costs or expenses or damages to property or things including, but not limited to, those arising in connection with the
use of, or inability to use, the controller.
2. To the fullest extent permitted by law, the Limited Warranty will be void and of no force or effect and Speck Pumps - Pool
Products, Inc. will have no liability, responsibilities or obligations to Buyer or with respect to the pump and motor in the event
of the occurrence of any one or more of the following:
(a)
(b)
(c)
(d)
(e)
Any damage to the controller caused by Buyer, any third party, ground movement, other natural forces, acts of God
or any other sources or causes not arising from a breach of the Limited Warranty, excluding ordinary wear and tear;
Any replacement, modiication, alteration or repair of any parts or components of the controller by anyone other than
Speck Pumps - Pool Products, Inc.;
Any abuse, misuse, accident, tampering with, improper installation or modiication of the controller 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
controller 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:
(a) Installation of the controller by an experienced and qualiied pool industry professional and a licensed electrician who
is licensed within the jurisdiction in which the controller is installed and will be used; and