20
Use Only Genuine Hayward Replacement Parts.
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HAYWARD hereby disclaims any and all claims, and PURCHASER
releases HAYWARD from any and all claims for damages to any
pool plaster or vinyl liner in PURCHASER’S pool by reason of the
use and/or operation of the CLEANER
8
8..
This Limited Warranty is valid and enforceable only on
CLEANERS assembled, manufactured, or purchased and
installed in the United States of America and Canada.
9
9..
This Limited Warranty shall apply to PURCHASER as original
purchaser of the CLEANER from an authorized HAYWARD
dealer and shall not apply to any subsequent purchaser,
assignee or other recipient of the CLEANER from the
PURCHASER.
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Hayward reserves the right to dispose of any Registration
Card once it is received. PURCHASER must retain written
proof of purchase.
1
11
1..
The foregoing Limited Warranty gives the PURCHASER
specific legal rights, which may vary from state to state, and
accordingly, some of the listed conditions, and exclusions
may not apply to PURCHASERS living in certain states.
1
12
2..
Neither party will be liable to the other for any failure or
delay in performance due in whole or in part to any cause
beyond such party’s reasonable control, including due to the
elements, acts of God, acts of the other party, acts of civil or
military authority, war, riots, or concerted labor action.
1
13
3..
The PURCHASER has no right to sell, transfer or assign
interest it has in this agreement without the prior written
consent of HAYWARD. HAYWARD may, without notice,
assign its interest in this agreement or any payment or other
sum due hereunder without notice to or prior consent of the
PURCHASER. If Hayward makes any such assignment, the
assignee will have all of HAYWARD’s rights, obligations,
powers, privileges and remedies. Modification of this
Agreement may only be made in writing signed by an
authorized agent of HAYWARD.
Should a defect in workmanship and /or materials in the
CLEANER become evident during the term of the Limited
Warranty, PURCHASER must ship the item freight prepaid to any
authorized Factory Service Center as soon as possible after the
discovery of the defect, together with a copy of the Bill of Sale
including date of purchase and serial number of the item claimed
to be defective, the name and address of the PURCHASER and a
brief description of the problems/defects encountered.
Call (800) 227-1477 for the name and address of the nearest
Factory Service Center (outside the continental U.S. call
(909) 594-1600).
HAYWARD will at its option, repair or replace the defective
CLEANER parts covered by this Limited Warranty at its own cost
and expense and return the same to the PURCHASER freight
prepaid. HAYWARD is not responsible for any cost and expense
of handling, packing, shipping or transporting the CLEANER or
any parts to or from the Factory Service Center, unless expressly
provided to the contrary by state law. No dealer, distributor or
other similar person has any authority to make any warranties or
representations concerning HAYWARD beyond the express terms
contained herein. HAYWARD assumes no responsibility for any
warranties beyond the express terms contained in this Limited
Warranty. This Limited Warranty is in lieu of any other warranties
expressed or implied, and is valid and enforceable only in the
United States of America and Canada. The PURCHASER must
provide written proof of the original date of purchase of the
CLEANER in form reasonably acceptable to HAYWARD.
The exclusive forum for any dispute between the PURCHASER
and HAYWARD will be binding arbitration, conducted in Union
County, New Jersey under the rules of the American Arbitration
Association, and the prevailing party will be entitled to an award
of attorney’s fees and costs.
THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE
AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, WHETHER IN FACT OR
BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR USE OR A PARTICULAR PURPOSE. HAYWARD NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME
FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION OR USE OF THE CLEANER AND HAYWARD
MAKES NO WARRANTY WHATSOEVER FOR EQUIPMENT NOT
SUPPLIED BY HAYWARD. THE FOREGOING WARRANTY DOES
NOT COVER DAMAGE TO THE CLEANER RESULTING FROM
ACCIDENT, MISUSE, ABUSE, OR NON-HAYWARD
MODIFICATIONS OF THE CLEANER. HAYWARD SHALL NOT BE
LIABLE FOR DAMAGES DUE TO DELAYS IN DELIVERY OR USE. IN
NO EVENT WILL HAYWARD BE LIABLE TO THE PURCHASER FOR
ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR RELATING TO THE SALE, INSTALLATION, OR USE OF
OR INABILITY TO USE THE CLEANER, PURCHASER’S SWIMMING
POOL OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY.
