6.
CUSTOMER’S RESPONSIBILITES:
The Customer is responsible to:
A.
Maintain the equipment in an environment suitable for the operation of the equipment as instructed in the applicable
Operator’s Manual.
B.
Maintain the proper electrical power requirements as recommended by SYB.
C.
Follow all operating instructions as indicated in the applicable Operator’s Manual supplied by SYB.
D.
Make the equipment available for service within 1 hour after the arrival of the SYB Technical Service Representative.
E.
Pay all charges incurred by SYB due to delays in equipment access or refusal of service after a Technical Service
Representative has been dispatched and is either in-transit or on-site.
F.
Maintain a safe and accessible environment for the Service Personnel to service the equipment.
G.
Allow SYB to implement any recommended engineering change deemed necessary by SYB.
H.
Not make any modifications to the equipment that are not approved by SYB.
I.
Customer agrees not to employ or engage a direct or 3rd party service technician or organization that is not certified
to service SYB Equipment. Customer further agrees that any needed SYB service resulting from the unauthorized
repairs performed by a direct or 3rd party technician or organization not certified by SYB, will be billed to Customer at
the current SYB published Time and Materials Rates and will not be covered under this Product Warranty.
7.
USE OF SUB-CONTRACTORS:
Service provided under this Product Warranty may at SYB’s option, be performed by either SYB
or its authorized Technical Representatives or Sub-Contractors at the direction of SYB.
8.
PARTS REPLACEMENT:
Repair materials and parts used to perform service pursuant to this Product Warranty will replaced only
as deemed necessary by SYB. SYB may use repaired, rebuilt or refurbished parts as necessary in making repairs under this Product
Warranty. All parts will be furnished on an Exchange Basis, with the replaced parts becoming the property of SYB.
9.
FREIGHT COSTS:
If, upon evaluation by SYB Technical Management the affected equipment is determined to qualify under the
product warranty repair program SYB will reimburse the customer for reasonable standard ground freight costs. All equipment
shipments paid by SYB will be shipped via UPS Ground Services only. Any upgrades to Express Overnight are the responsibility of
the Customer. *** If it is determined the equipment is not covered under warranty due to misuse, the customer incurs all freight
charges.
10.
LIMITATION OF LIABILITY:
The liability of SYB hereunder is agreed to be limited to the amount equal to the total amount
of all payments made by Customer pursuant to this Product Warranty Agreement and by acceptance of the Product Warranty
Agreement. Customer hereby waives any and all claims for incidental, special, consequential or punitive damages. Customer agrees
to hold SYB harmless and indemnified from any and all such claims by Customer and its agents, servants, employees and its
successors and assigns.
11.
FORCE MAJEURE:
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay
in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond
that party’s reasonable control and occurring without its fault or negligence, or party to substantially meet its performance obligations
under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the
other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations
are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
12.
ENTIRE AGREEMENT:
This agreement contains the whole agreement between the parties in regards to extended warranties.
There are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever
regarding this Purchase Option Agreement.
S p a F e n g S h u i - A p p e n d i x C
2 0 6 3 6 5 R e v. 8 0 9 U F S . 1 0 . 8 0 9 . 7. U
Owner’s Manual
APPENDIX C |
Product Warranty
Spa Feng Shui Manual 809.qxp:DL_SFS_806 A4 NS 9/18/08 4:18 PM Page 49
