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BALBOA WATER GROUP LIMITED WARRANTY
Balboa Water Group, a Delaware corporation, and its affiliated entities (collectively “BWG,” as defined below), warrants to trade purchasers of its products that the products will be free
from defects in workmanship and material under normal use and conditions for a specified length of time as outlined below. BWG reserves the sole authority to make any type of warranty
or representation concerning our products. BWG will not be responsible for any warranty or representation made by any outside source, including dealers, distributors, retailers, contractors
or OEMs.
LIMITED PRODUCT WARRANTY
Subject to the limitations set forth below, BWG warrants that its products will be free of defects in material and workmanship under normal use. All products or components thereof
purchased by BWG from a third party for resale to purchaser shall carry only the warranty extended by the original manufacturer.
USE OF INSTRUCTIONS
Purchaser should carefully read the instructions supplied prior to installing or using the product. If purchaser does not have the instructions, please request them from customer service, at
the numbers provided. Products are to be operated only in accordance with the instructions provided. The warranty is void if the product is used in a manner not in accordance with the
instructions.
WARRANTY COVERAGE
If a product proves to be defective in material or workmanship during the applicable warranty period then BWG will, at its sole option, either repair or replace the product with like product.
Purchaser shall pay all disassembly, removal, refitting and installation costs. Replacement product may include remanufactured or refurbished parts or components. Replacement product
may include an appropriate substitute product. All warranty claims must be applied for within sixty-days (60) from when the defect becomes known.
WARRANTY PERIOD
Refer to Appendix A labeled “Product Warranty” to find the warranty time period applicable to each product category or family.
WARRANTY PROCESS
Any warranty claim must be processed with BWG only by the purchaser who originally purchased the products. See “How to Get Service” below for further details.
WARRANTY EXCLUSIONS
This warranty does not extend to and is void for any products that have been subjected to: Improper installation or storage; Improper maintenance; Repairs or alterations not authorized
or performed by BWG; Accident, damage, abuse, misuse or problems with electrical power; Abnormal or unusual operating conditions or applications; Use not in accordance with product
instructions for intended purposes, or use beyond rated capacity, or use in non-residential applications or multi-tenant residential common area applications of more than eight units; A
purpose or application in any way different from that for which products were designed; Color variations within a product line or material are common within the industry, and are not the
responsibility of BWG. BWG does not warrant any product returned due to mismatching of a color to a particular line or material for which the color was selected.
SPARE PARTS AND TECHNICAL ADVICE
Spare parts are usually stocked by BWG for a reasonable amount of time following the last production run of the product in question. BWG does not warrant that spare parts will be made available
for the duration of the warranty coverage or any other specific period of time, and reserves the right to cease supplying spare parts or providing facilities for the repair of spare parts in its discretion.
Any technical advice or assistance furnished by BWG with respect to its products covered by this warranty shall be furnished without charge and will be given and accepted at purchaser’s sole risk.
HOW TO GET SERVICE
Products cannot be returned to BWG without prior approval and a return authorization number that must be applied on all shipping documents and boxes. Shipments must be via pre-paid
freight to the location specified by BWG.
To start the warranty process, please contact a customer service representative at the numbers provided. You will need to provide the following: The product, Confirmation, in writing,
specifying the nature of the claim, Proof of the date of original purchase, Full contact details, including name and address, The serial number, if applicable, Freight is at sender’s expense
unless otherwise authorized by BWG. A $50 USD/ 40EUR hourly fee plus reimbursement of all shipping expenses, if applicable, will be charged to purchaser for any merchandise returned
for inspection that does not reveal defects of material or workmanship.
LIMITATION OF WARRANTIES
BWG’S SOLE RESPONSIBILITY FOR DEFECTS IN MATERIALS AND WORKMANSHIP IS STRICTLY LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY
STATEMENT. BWG EXPRESSLY DISCLAIMS AND EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL
LIABILITIES TO THIRD PARTIES. In no event shall BWG be liable to purchaser for any amounts in excess of the purchase price paid for the individual product which is the subject of the
cause of action.
EXCLUSION OF DAMAGES
This is BWG’s sole and exclusive warranty and supersedes and replaces all other warranties, written or oral, express or implied. BWG will not be liable for any loss, liability, damage, expense,
cost or obligation, whether direct or indirect, including but not limited to water damages, removal and replacement labor, damages due to delay in performance, property loss, injury, death
or any other consequential, incidental, special or punitive damages of any type, resulting from the purchase or use of its products, and purchaser assumes all such risks and shall indemnify,
defend and hold BWG harmless from all such risks and shall carry adequate insurance against all such risks. The term “consequential damages” shall include, but not be limited to, loss of
anticipated profits, business interruption, lose of use of revenue, cost of capital or loss or damage to property or equipment. Further, BWG does not assume liability for defective products
.
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This warranty is
NOT
a consumer warranty, is not transferable or assignable (by operation of law or otherwise), and does not extend to anyone other than those who purchase products
directly from BWG.
GOVERNING LAWS AND VENUES
For products shipped from the United States, this warranty will be interpreted and enforced in accordance with the laws of the State of California regardless of any choice of law principles
and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and INCOTERMS 2000. The parties will submit any dispute or claim arising
under or relating to this warranty to the exclusive jurisdiction of the U.S. federal or California state courts within the County of Orange, State of California, and the parties hereby submit to,
and waive any objection to, personal jurisdiction and venue in such courts for such purpose. For products shipped from Denmark, this warranty shall be governed by, interpreted under, and
construed and enforced in accordance with the normal rules of Danish law, excluding, without limitation, the application of the United Nations Convention on Contracts for the International
Sale of Goods, and any and all disputes shall be heard solely by Esbjerg Court, Denmark. For products shipped from Australia, this shall be governed by, interpreted under, and construed
and enforced in accordance with the internal laws of the Province of Victoria of Australia excluding, without limitation, the application of the United Nations Convention on Contracts for
the International Sale of Goods, and any and all disputes shall be heard solely by the provincial court located in Melbourne, Australia. If any provision of this warranty is found by a court of
competent jurisdiction to be unenforceable, that provision will be severed and the remainder of this warranty will continue in full force and effect.
DEFINITIONS
As used herein BWG is comprised of the following affiliated entities and divisions: Balboa Water Group, a Delaware corporation; Balboa Instruments, Inc., a California corporation;
HydroAir International; and GG Industries.
Rev. 05 Feb. 8, 2012 Aus Pumps
