27
Version 1.5
English
26
Ice Master
®
E-Series
English
3.2. Without limiting the generality of clause 3.1:
a)
Manufacturer will not be liable for any personal injury,
indirect or incidental damages, consequential losses, loss
of liquids, loss of profit or any like claims whatsoever
arising from any use of, or incidental to, or repairs to any
of the Goods by a party other than Manufacturer;
b)
to the extent that any component or material (including,
but without limitation the polyethylene) used in the
manufacture of any of the Goods is supplied and/or
manufactured by a third party, the liability of Manufacturer
is limited to Manufacturer’s right of redress (if any)
against the third-
party supplier/manufacturer;
c)
Tanks feature a vented lid at the time of manufacture.
Any subsequent pressurization of the Tank by removing
the vent, sealing the vent, or otherwise will cause this
Limited Warranty as to such Tank to be null and void.
d)
The liability of Manufacturer under this Limited Warranty
is limited to, at Manufacturer's discretion:
e)
providing a replacement Good (including shipping but
excluding other replacement costs);
f)
refunding an amount equal to a sum equal to the current
Retail price divided by the months in the warranty,
multiplied by the months remaining in the warranty
period;
g)
repairing the Good at no cost.
4. Proof of Purchase - The original invoice or other similar proof of
purchase of the applicable must be provided by Purchaser to
Manufacturer when making a claim under this Limited Warranty.
Warranty claims must be received in writing by Manufacturer
within the Limited Warranty period.
5. Claims and Questions - If you have questions about this Limited
Warranty or to make a warranty claim, contact Manufacturer at:
6. Definitions - For this Limited Warranty the following definitions
apply:
a)
Manufacturer means Enduraplas LLC.
b)
Purchase Date means the date upon which the
applicable goods were purchased by the original end
user.
c)
Purchase Price means the actual price paid for the Tank
by the original Purchaser.
d)
Tank means the storage Tank manufactured by
Manufacturer and purchased by the original end user
Purchaser being the subject matter of the Limited
Warranty.
e)
Good(s) mean Tanks and/or other products or parts
manufactured by Enduraplas LLC.
f)
Limited Warranty means this written Limited Warranty.
7. State Law - Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation and
exclusion may not apply to certain parties. Some states do not
allow limitation on how long an implied warranty lasts, so the
above limitation may not apply to certain parties. This limited
warranty gives specific legal rights and other rights, which vary
from state to state, may also apply.
8. Governing Law - This Limited Warranty will be governed by the
laws of the State of Minnesota, without giving effect to any choice
of law rule that would cause the application of the laws of any
other jurisdiction.
