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Limited Warranty - continued
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 BADU SWIMJET SYSTEM(S) 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 USA. 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 BADU SwimJet System(s) to Speck Pumps-Pool Products, Inc. or in shipping a repaired or
replaced BADU SwimJet System(s) to Buyer.
(b)
Buyer’s operation and maintenance of the BADU SwimJet System(s) in strict accordance with Speck Pumps-Pool Products, Inc.’s
printed operator/maintenance manuals delivered with the BADU SwimJet System(s).
