Product Warranty
SELLER hereby warrants to CUSTOMER that the goods herein described will be free from any liens
or encumbrances, that good title to said goods will be conveyed to CUSTOMER by sale of same.
SELLER warrants materials of its own manufacture against defects in material and workmanship
under normal conditions of usage and service as specified in this manual for one year from whichever
of the following events occur first:
First use of the system
Three (3) months following date of shipment from Vista.
Materials not manufactured by SELLER receive only such warranty, if any, of the manufacturer thereof
and which are hereby assigned to CUSTOMER without recourse to SELLER.
SELLER’S obligation under this warranty is limited to and shall be fully discharged by repairing or
replacing any defective part FOB its works. SELLER shall not be liable for repair or alterations made
without SELLER’S prior written approval; for membrane elements becoming plugged by suspended
matter, precipitates, or biological growth; or for failure to properly maintain the element. SELLER shall
not be liable for damages or delay caused by defective material. Products returned to SELLER for
warranty examination must be shipped freight prepaid.
SELLER’S Liability.
SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, NOR SHALL RECOVERY OF ANY KIND
AGAINST SELLER BE GREATER IN AMOUNT THAT THE PURCHASE PRICE OF THE SPECIFIC
GOODS SOLD AND CAUSING THE ALLEGED DAMAGE, WHETHER SUCH CLAIM BE BASED ON
CONTRACT OR TORT; provided, however, the aforesaid to the contrary notwithstanding, SELLER
shall not be liable for any bodily injuries or property damage directly caused by its willful, wanton or
negligent acts.
All Other Warranties and Damages.
THERE ARE NO WARRANTIES ESTABLISHED, EXPRESS
OR IMPLIED OR STATURTORY, INCLUDING THE WARRANTY OF MERCHANTABILITY, EXCEPT
THOSE SET FORTH ABOVE OR ANY PERFORMANCE WARRANTY WHICH IS ATTACHED TO
THIS ORDER.
Permits, Ordinances and Code Compliance.
CUSTOMER has full responsibility for obtaining any
licenses, permits and inspections required with respect to installation and use of the goods herein
described.
Governing Law.
Any agreement based upon this Order and the obligations thereby imposed on
SELLER and CUSTOMER shall be governed by and construed according to the laws of the State of
California.
