5
WARRANTY & GUARANTEE
VOID ABILITY OF WARRANTY
This Warranty shall be void and unenforceable as to any Seller product which has been damaged by accident, mishandling,
abuse or has been repaired, modified, altered, disassembled or otherwise tampered with by anyone other than Seller
or an authorized Seller service representative; or, if any replacement parts are not authorized by Seller have been used,
or, the product has not been installed, operated and maintained in strict accordance and adherence with the operating
documentation and manuals for such product. Any expressed warranty, or similar representation of performance set forth
in the operation documentation or a reverse osmosis, nanofiltration, or ultrafiltration membrane incorporated into a Seller
product shall be void and unenforceable unless the feed water requirements set forth in the operating documentation for
such product are unequivocally and strictly adhered to.
LIMITATIONS AND EXCLUSIONS
THIS WARRANTY AND REMEDIES DESCRIBED HEREIN AND HEREIN ABOVE ARE EXCLUSIVE AND IN LIEU OF ANY AND
ALL OTHER WARRANTY OR REMEDIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE SELLER BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR TYPES OF DAMAGES, FOR DAMAGES FOR THE
LOSS OF PRODUCTION OR PROFITS, OR INJURY TO PERSON OR PROPERTY. NO PERSON HAS ANY AUTHORITY TO
BIND SELLER TO OTHER THAN WHAT IS SET FORTH ABOVE.
THIS WARRANTY GIVES THE BUYER SPECIFIC LEGAL RIGHTS AND THE BUYER MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION. THE PARTIES RECOGNIZE AND AGREE, THAT IN ALL RESPECTS
THE LAWS OF THE STATE OF GEORGIA SHALL APPLY TO AND SHALL GOVERN ANY INTERPRETATION OR LEGAL
SIGNIFICANCE OF THIS DOCUMENT.
NO WARRANTY OR OTHER LIABILITY OF SELLER TO BUYER UNDER THIS AGREEMENT OR OTHERWISE WILL IN ANY
EVENT EXCEED THE COST OF REPLACEMENT OF THE APPLICABLE SELLER PRODUCT, PART, OR ACCESSORY THAT
IS SUBJECT TO ANY BREACH OF SELLER’S WARRANTY. SELLER WILL NOT BE LIABLE FOR ANY DAMAGE TO ANY
PROPERTY OF BUYER OR TO BUYER’S CUSTOMERS FOR ANY CONSEQUENTIAL, INCIDENTAL, OR ECONOMIC LOSS
OR COMMERCIAL DAMAGE WHATSOEVER. REMEDIES HEREIN PROVIDED ARE EXPRESSLY MADE THE SOLE AND
EXCLUSIVE REMEDIES FOR BREACH OF ANY WARRANTY OR OTHER OBLIGATION HEREUNDER EXPRESS OR IMPLIED
OR FROM THE OPERATION OF LAW.
