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LIMITED FIVE (5)
YEAR WARRANTY:
Aqua Creek Products, LLC (a.k.a. Aqua Creek) warrants to the original end user purchaser that products manufactured by Aqua
Creek, when properly installed in accordance with assembly and installation instructions, and properly used and maintained, shall
be free from defects in material and workmanship for a period of
five (5) years from the date of original purchase
,
provided that Aqua Creek receives prompt notice in writing of any defect or failure and satisfactory proof thereof, with the
following exception(s):
Exceptions:
All electrical components, including the linear actuator shall have the following warranty period:
•
Year 1-2: 100% Coverage
•
Year 3: 60% Coverage (Customer is responsible for 40% of replacement cost)
•
Year 4: 50% Coverage (Customer is responsible for 50% of replacement cost)
•
Year 5: 40% Coverage (Customer is responsible for 60% of replacement cost)
•
Hydraulic actuators and mesh slings shall have a warranty period of
one (1) year from the date of original purchase
.
•
Powder coat finish scratches, scrapes, corrosion, or dents from customers normal use, negligence, or abuse.
•
This warranty specifically excludes reimbursement for labor to remove, repair, or install the product and any shipping charges.
These warranties do not cover any damages due to accident, force majeure, act of nature, misuse, abuse, negligence or failure to
properly maintain any products, or normal wear and tear from day to day operations. In the event that any products are altered,
repaired, or improperly installed or improperly used by anyone without the prior written approval by Aqua Creek, all warranties
are void. IMPORTANT: AMOUNT OF WEIGHT PLACED ON LIFT SHALL NOT EXCEED THE RATED LIFTING CAPACITY FOR THE LIFT.
NEVER OPERATE THE LIFT UNDER LOAD IN A DRY POOL (WITH NO WATER IN THE POOL). It is the responsibility of the lift owner to
verify the weight of the patron for warranty claim purposes and to ensure that the lift is not overloaded. Non-payment for
product to Aqua Creek may void warranty.
To initiate a warranty claim, the owner of an Aqua Creek product must provide the place of purchase, in writing, with a full
description of the product, its serial number, the dates of purchase and installation, and the exact nature of the defect. Within
thirty (30) days after receipt of a written warranty claim by Aqua Creek, and barring any unforeseen delays, the place of purchase
will be notified of Aqua Creek’s decision regarding the claim.
If requested by Aqua Creek, any defective product must be returned, freight prepaid by customer, to Aqua Creek’s designated
factory location or duly appointed distributor for inspection and/or repair. Aqua Creek will, at its option, repair or replace the
failed or defective item, and deliver the repaired product or replacement to the customer. All freight charges are the
responsibility of the customer. Products returned to Aqua Creek for which Aqua Creek provides replacement under this limited
warranty shall become the property of Aqua Creek. A new warranty period shall
NOT
be established for the repaired or replaced
products. Such products shall remain under warranty only for the remainder of the original warranty period on the original
products purchased.
This written limited warranty constitutes the final, complete and exclusive statement of warranty terms. No person or
organization is authorized to make any other specific or implied warranties or representations on behalf of Aqua Creek.
THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, WHICH ARE HEREBY
DISCLAIMED AND EXCLUDED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE.
THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES WITH RESPECT TO THE PRODUCTS SHALL BE
LIMITED TO REPAIR OR REPLACEMENT AT AQUA CREEK’S DESIGNATED FACTORY LOCATION, OR DULY APPOINTED DISTRIBUTOR,
OR IN PLACE AT AQUA CREEK’S OPTION. IN NO EVENT SHALL AQUA CREEK’S LIABILITY EXCEED THE ENTIRE AMOUNT PAID TO
AQUA CREEK BY THE ORIGINAL PURCHASER FOR THE FAILED OR DEFECTIVE PRODUCT. IN NO EVENT SHALL AQUA CREEK
PRODUCTS, LLC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR
LOST PROFITS FROM ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO
STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Aqua Creek Products, LLC
9889 Garrymore Lane
Missoula, MT 59808
Toll Free: (888) 687-3552
Local/Intnl: (406) 549-0769
www.aquacreek.com
