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7
Limited Warranty
Speck Pumps-Pool Products, Inc. grants solely to the original consumer purchaser (“Buyer”) of the Badu
®
SwimJet System(s)
the following personal, non-transferable and limited warranty on the following terms and conditions (the “Limited Warranty”):
the Badu SwimJet System(s) 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 Badu SwimJet System(s) (the “Limited Warranty
Period”). 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 Badu SwimJet System(s) 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 Badu SwimJet System(s) or refund to Buyer the
purchase price actually paid by Buyer for the Badu SwimJet System(s) 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 Badu SwimJet
System(s) 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 Badu SwimJet System(s).
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 Badu SwimJet System(s) in
the event of the occurrence of any one or more of the following:
(a)
(b)
(c)
(d)
(e)
Any damage to the Badu SwimJet System(s) 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, modification, alteration or repair of any parts or components of the Badu SwimJet System(s) by
anyone other than Speck Pumps-Pool Products, Inc.;
Any abuse, misuse, accident, tampering with, improper installation or modification of the Badu SwimJet System(s) 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 Badu
SwimJet System(s) 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)
(b)
Installation of the Badu SwimJet System(s) by an experienced and qualified pool industry professional and a licensed
electrician who is licensed within the jurisdiction in which the Badu SwimJet System(s) is installed and will be used;
and
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).
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.
