12
(b)
Buyer’s operation and maintenance of the controller in strict accordance with Speck Pumps - Pool Products, Inc.’s
printed operator/maintenance manuals delivered with the controller.
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 ONE 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 CONTOLLER 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 speciic 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 controller to Speck
Pumps - Pool Products, Inc. or in shipping a repaired or replaced controller to Buyer.
Limited Warranty - continued
