WATERAX
MARK-3 Owner's Manual
03/2016
– Page 51 of 52
WARRANTY
WHEREAS
subject to the following general and specific terms and conditions,
WATERAX
Inc. (the “
Seller
”) hereby warrants
to the original purchaser of the products from
WATERAX
, (the “
Purchaser
”) that its products, including any pump parts
products manufactured by
WATERAX
(the “
Products
”) sold under Seller’s brands will be free of defects in material and
workmanship for the applicable Warranty Period (as set out in full at www.waterax.com/eng/warranty).
Product
Warranty Period
Coverage
4-Stroke Powered Pumps
Two (2) Years
Limited
2-Stroke Powered Pumps
Earlier of One (1) Year or
One hundred (100) run hours
Limited
Backpack Pumps
One (1) Year
Limited
Skid Units
One (1) Year
Limited
Control Panels, Electronics Manifolds
One (1) Year
Limited
Genuine Parts
Ninety (90) Days
Limited
1.
Limitations, exclusions and other terms and conditions applicable for all Products:
a.
The Warranty shall be voided upon the occurrence of any of the following events: (a) the Product is used for an
application, with products or in a manner other than the application, products and manner for which such Product
is designed and intended; (b) the Product is subjected to a use, service, condition or environment other than a use,
service, condition or environment for which such Product is designed and intended; (c) the Product is not properly
installed by the Purchaser or its agent or representative; (d) the Product is not properly tested and maintained in
accordance with Seller’s product manuals and supplemental instructions and guidelines, applicable industry
standards and guidelines, and applicable legal and regulatory requirements; (e) the Product is altered, modified,
serviced (with the exception of routine maintenance performed in accordance with the Seller’s product manuals
and supplemental instructions as set out in full at www.waterax.com/eng/warranty, and industry accepted
standards and guidelines), or repaired by a person other than the Seller or a person authorized by the Seller to
make such alteration or modification or perform such service or repair; (f) the Seller is not paid the full amount of
the purchase price for the Product when due; (g) any bad faith invocation of a warranty claim or breach of a
purchase agreement by the Purchaser.
b.
The following are excluded from Warranty coverage: (a) non-defective parts worn, exhausted or consumed through
normal usage of the Product; (b) any consumable parts normally subject to routine replacement, including but not
limited to pump packing, O- rings, gaskets, intake screens, anodes or filters; (c) routine maintenance as specified
and in accordance with the Seller’s product manuals and supplemental instructions and guidelines as set out in full
at www.waterax.com/eng/warranty; (d) failure due to compliance with a specification or design provided or required
by Purchaser; (e) failure due to improper operation, excess pressure, excess voltage, abuse, misuse, negligence
or accidents or other similar causes; (f) failure due to operator error; (g) damage during or after shipment and
failure attributable thereto or resulting there from; (h) failure attributable to or resulting from the failure or
substandard, inadequate or improper performance of any part, component or equipment not supplied by the Seller;
(i) failure attributable to or resulting from the failure or substandard, inadequate or improper performance of any
third party part, component, product or equipment, whether or not combined, packaged, incorporated, installed or
used with a Seller brand part, component, product or equipment.
2.
Claim Procedure.
The claim procedure applicable under this warranty, including any applicable notice and
documentation requirements, are set out in full at www.waterax.com/eng/warranty and constitute an essential term of
this Warranty.
3.
Repaired and Replacement Product.
If requested to do so by the Purchaser the Seller may, at its sole option and in
its sole discretion, supply a replacement Product or part to the Purchaser prior to making a final determination as to
whether Warranty Coverage is available.
If the Seller ultimately determines that no Warranty Coverage is available for a Product claimed to be defective, the
Purchaser shall have the option of either (a) having the Product returned to it freight collect without repair or
replacement; or (b) if Seller determines that the Product is repairable, have the Product repaired by Seller or another
party designated by it on a time and materials basis at Seller’s then current standard charges for non-warranty repairs
and then returned to Purchaser freight collect. The Seller reserves the right to use reconditioned parts for Warranty
repairs and to use reconditioned Products for Warranty replacements. Repaired Product and replacement Product shall
be warranted only for the remainder of the original Warranty Period.
4.
Limitation of Liability:
SELLER’S WARRANTY AS SET FORTH HEREIN IS SELLER’S SOLE AND EXCLUSIVE
WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, QUALITY, COURSE OF DEALING, USAGE OF TRADE,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE RIGHTS AND REMEDIES SET FORTH
HEREIN ARE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST SELLER, EXCEPT FOR THE
SPECIFIC LIABILITIES AND OBLIGATIONS PROVIDED HEREIN, SELLER SHALL HAVE NO LIABILITY OR
OBLIGATION WITH RESPECT TO ANY PRODUCT CLAIMED TO BE DEFECTIVE IN ANY MANNER
