LIMITED WARRANTY
Products manufactured by HALF OFF PONDS are warranted to the original user only to be
free of defects in material and workmanship for a period of 24 months from the date of
purchase, but not more than 30 months from the date of manufacture. HALF OFF PONDS
liability under this warranty shall be limited to repairing or replacing, at HALF OFF PONDS’s
discretion, without charge, F.O.B. HALF OFF PONDS will not be liable for any cost of
removal, installation, transportation, or any other charges which may arise in connection with
a warranty claim. Products which are sold but not manufactured by HALF OFF PONDS are
subject to the warranty provide by the manufacturer of said product(s) and not by HALF OFF
PONDS’s warranty. HALF OFF PONDS will not be liable for damage or wear to products
caused by abnormal operating conditions, accident, abuse, misuse, unauthorized alteration
or repair, or if the product was not installed in accordance with HALF OFF PONDS’s printed
installation and operating instructions.
To obtain service under this warranty, the defective product must be returned to the distributor
or dealer of HALF OFF PONDS’s products from which it was purchased together with proof
of purchase and installation date, failure date, and supporting installation data. Unless
otherwise provided, the distributor or dealer will contact HALF OFF PONDS or an authorized
service station for instructions. Any defective product to be returned to HALF OFF PONDS
or a service station must be sent freight prepaid: documentation supporting the warranty clam
and/or a Return Material Authorization (RMA) must be included if so instructed. In the
absence of suitable proof of purchase date, the effective date of this warranty will be based
upon the date of manufacture.
Any replacement product may be either new or like-new, provided that it has functionality at
least equal to that of the product being replaced. No requests for service under this warranty
will be accepted if received more than 30 days after the term of the warranty. Correction of
defects, in the manner and for the duration of the warranty described in this warranty, shall
constitute complete fulfillment of all liabilities and responsibilities of HALF OFF PONDS to
the user with respect to the product, and shall constitute full satisfaction of all claims, whether
based on contract, negligence, strict liability or otherwise. Except for the obligations
specifically set forth in this warranty, in no event shall HALF OFF PONDS be liable for direct,
indirect, special, incidental, or consequential damages, whether based on contract, tort, or
any other legal theory and whether advised of the possibility of such damages.
HALF OFF PONDS reserves the right to change or improve its products or any portions
thereof without being obligated to provide such a change or improvement for units sold and/or
shipped prior to such a change or improvement.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRUPOSE, WHICH EXTEND
BEYOND THOSE WARRANTIES DESCRIBED OR REFERRED TO ABOVE EXCEPT AS
EXPRESSLY HERIN PROVIDED THE GOODS ARE SOLD “AS IS”, THE ENTIRE RISK AS
TO QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND PERFORMANCE OF
THE GOODS IS WITH THE BUYER, AND SHOULD THE GOODS PROVE DEFECTIVE
FOLLOWING THER PURCHASE, THE BUYER AND NOT THE MANUFACTUREER,
DISTRIBUTOR, OR TERTAILER ASSUMES THE ENTIRE RISK OF ALL NECESSARY
SERVICING AND REPAIR.
Some jurisdictions do not allow the exclusions or limitation of incidental or consequential
damages and some jurisdictions do not allow limitations on how long implied warranties may
last or require you to pay certain expenses as set forth above. Therefore, the above
limitations or exclusions may not apply to you. This warranty gives you specific legal rights
and you may also have other rights which vary from jurisdictions to jurisdiction.