Ion Technologies ES45
Effluent Pump
OPERATION MANUAL
Dated: 11/22/2017
Document Name: ES45_OM.indd
Page 11 of 11
www.ionproducts.net
3 Year Residential Warranty
1.
Coverage and Term. Metropolitan Industries, Inc. (“
Metropolitan
”) warrants to the original
purchaser (the “Buyer”) of each Ion® product (the “product”), that any part thereof which proves to be
defective in material or workmanship within three (3) years from date of manufacture, will be replaced at no
charge with a new or remanufactured part, F.O.B. factory. Buyer shall be responsible for all freight charges
and all costs of fi eld labor or other charges incurred in the removal and/or reinstallation of any product, part
or component thereof.
2.
Exclusions.
THE WARRANTY IS SUBJECT TO THE FOLLOWING CONDITIONS AND
EXCLUSIONS:
(a)
The Warranty excludes products or workmanship which becomes defective as a result
of: (i) earthquake, fi re, storms, the elements or any other acts of God; (ii) normal wear and tear from use;
(iii) accident, misuse, abuse or neglect; (iv) modifi cations made by Buyer or any third party, other than
Metropolitan
; and (v) Buyer’s failure to properly install, maintain, service and/or operate the product under
normal conditions and according to manufacturer’s instructions.
(b)
Metropolitan
shall not be responsible for, and the Warranty shall not cover, extended
damage which occurs because of Buyer’s failure to notify
Metropolitan
promptly in writing of apparent
defects.
(c)
Any part or component designated as manufactured by anyone other than
Metropolitan
shall be covered only by the express warranty of the manufacturer thereof.
(d)
The Warranty shall lapse upon Buyer’s failure to fully comply with the terms and conditions
of its contract with
Metropolitan
, including Buyer’s failure to pay the purchase price for the product or any
portion thereof. Buyer’s subsequent compliance with the terms and conditions of any such contract, will not
cause the term of the Warranty to extend beyond the time period set forth above.
(e)
No actions taken by
Metropolitan
to correct a defect in a product shall extend the Warranty
beyond the period set forth above.
Metropolitan
shall not be obligated to remedy any defect, where otherwise
required pursuant to the Warranty unless and until Buyer notifi es
Metropolitan
in writing of the defect and
then only if such notifi cation is made prior to the expiration of the period set forth above.
3.
Process of Claims and Repairs.
Metropolitan
agrees that if the product or any part or component
thereof shall fail to conform to the terms of this Warranty,
Metropolitan
shall replace such nonconforming
product, part or component at the original point of delivery and furnish instruction for its disposition. Any
transportation charges involved in such disposition and all costs of fi eld labor or other charges incurred in the
removal and/or reinstallation of any product, part or component thereof shall be the responsibility of Buyer.
4.
Limitation on Liability. Notwithstanding any provision to the contrary,
Metropolitan’s
entire
liability under this Warranty shall not in the aggregate exceed, and Buyer’s exclusive and sole remedies
are, to the extent permitted by law, shall be to secure replacement of the defective product.
UNDER NO
CIRCUMSTANCES SHALL METROPOLITAN BE LIABLE UNDER THE WARRANTY FOR
ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING LOST PROFITS, REVENUE, USE OR ECONOMIC ADVANTAGE).
5.
Express Waiver of Any Other Warranties.
THE EXPRESS WARRANTY SET FORTH IN THIS
WRITTEN WARRANTY IS THE ONLY WARRANTY MADE BY METROPOLITAN, OR ANY OTHER
PARTY, IN CONNECTION WITH ANY PRODUCT PURCHASED FROM METROPOLITAN.
NEITHER METROPOLITAN, NOR ANY OTHER PARTY, MAKES ANY OTHER EXPRESS OR
IMPLIED WARRANTY WHICH IS NOT SET FORTH HEREIN, AND METROPOLITAN HEREBY
DISCLAIMS AND BUYER HEREBY WAIVES ALL IMPLIED WARRANTIES, INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE.
6.
Not Transferable. The Warranty may not be transferred and shall be void on the sale or other transfer
of the product.
7.
Products and Warranty Subject to Change.
Metropolitan
reserves the right to make revisions to its
products and their specifi cations, and to revise this Warranty and related information without notice.
