IOM-HF-CLX Ex2-28920 2225
28034
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13.0 Ballast Water Market Products Limited Warranty
Watts Regulator Co. (the “Company”) warrants each ballast water market instrument product to be free from defects in material and workmanship
under normal usage for a period of two (2) years from first use or three (3) years from date of the Company’s invoice from the original sale of the
product, whichever occurs first. In the event of such defects within the warranty period, the Company will, at its option, replace or recondition
the product without charge. Parts which by their nature are normally required to be replaced periodically, consistent with normal maintenance,
specifically reagents, desiccant, sensors, electrodes and fuses, are excluded. Also excluded are accessories and supply-type items.
Proof of purchase from the Company (Company invoice or paid order confirmation) and/or first use (commissioning) must be provided when making
a product warranty claim.
THE WARRANTY SET FORTH HEREIN IS GIVEN EXPRESSLY AND IS THE ONLY WARRANTY GIVEN BY THE COMPANY WITH
RESPECT TO THE PRODUCT. THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY HEREBY
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The remedy described in the first paragraph of this warranty shall constitute the sole and exclusive remedy for breach of warranty, and the Company
shall not be responsible for any incidental, special or consequential damages, including without limitation, lost profits or the cost of repairing or
replacing other property which is damaged if this product does not work properly, other costs resulting from labor charges, delays, vandalism,
negligence, fouling caused by foreign material, damage from adverse water conditions, chemical, or any other circumstances over which the
Company has no control. In addition, the Company shall not be responsible for any costs incidental to the Company’s warranty response efforts,
including, without limitation, costs associated with the removal and replacement of systems, structures or other parts of facilities, de-installation,
decontamination and re-installation of products, or transportation of products to and from the Company. This warranty shall be invalidated by any
abuse, misuse, misapplication, improper installation or improper maintenance, alteration of the product, or use of any parts or accessories (including
but not limited to reagents) not provided by the Company.
Some states do not allow limitations on how long an implied warranty lasts, and some states do not allow the exclusion or limitation of incidental or
consequential damages. Therefore the above limitations may not apply to you. This Limited Warranty gives you specific legal rights, and you may
have other rights that vary from State to State. You should consult applicable state laws to determine your rights.
SO FAR AS IS CONSISTENT
WITH APPLICABLE STATE LAW, ANY IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO ONE YEAR
FROM THE DATE OF ORIGINAL SHIPMENT.
