Warranties set forth herein extend only to customers acquiring, or that have previously acquired, a product manufactured by AquaTeq Sweden AB (“Product”) for their own use and not for resale, either directly from AquaTeq or from a AquaTeq Authorized Dealer (“Dealer”). No warranty of any kind or nature is made by AquaTeq beyond those expressly stated herein.
1. LIMITED WARRANTY PERIOD. Subject to the terms, conditions, and limitations set forth herein, AquaTeq warrants the Products to be free from defects in workmanship and material for a period of one (1) year from the date of original purchase by the initial customer (“End-User”), provided that the end of the limited warranty period shall not be later than eighteen (18) months from the date of shipment of the Product to the Dealer or the initial End-User (“Limited Warranty Period”). This Limited Warranty is only valid for Products purchased and intended to be used by the original End-User. Replacement parts which are furnished under this Limited Warranty and properly installed shall be warranted to the same extent as the original Product under this Limited Warranty, provided that the original parts were found to be defective within the original Limited Warranty Period covering the original Product. Replacement parts are warranted for the remainder of the original Limited Warranty Period. Warranty service will be performed without charge to the End-User for parts and/or labor. However, except where prohibited by law, the End-User will be responsible for shipment and/or transportation of Product(s) to and from AquaTeq, its authorized Dealer’s place of business, or any other location or facility directed by AquaTeq. AquaTeq shall not be responsible for any repair or replacement not related to any defect covered under this Limited Warranty.
2. LIMITED WARRANTY COVERAGE. Under this Limited Warranty, AquaTeq may, at its discretion, upon inspection, repair, replace, or issue a credit for any Product which is determined by AquaTeq to be defective in material or workmanship. AquaTeq is under no other obligation under this Limited Warranty, unless otherwise set forth herein. AquaTeq, at its discretion, shall have the right to inspect or examine the alleged defective Product and determine whether the Limited Warranty applies. Nothing in this Limited Warranty requires AquaTeq to continue to service or support any of its Products, and AquaTeq may, at any time, change, alter, or stop selling any of its Products. Similarly, AquaTeq is not obligated under this Limited Warranty to upgrade, modify, alter, or change any of its Products during the Limited Warranty Period, notwithstanding any improvements, upgrades, modifications, alterations, or changes that may have been made to new Products by the manufacturer.
3. NO OTHER WARRANTY. Except as provided herein, no statement, characterization, or recommendation made by a AquaTeq employee, representative, Dealer, or agent to an End-User shall constitute a warranty by AquaTeq or a waiver or modification to any of the provisions hereof or create any liability for AquaTeq.
4. UNAUTHORIZED REPAIR. Unauthorized service, repair, alteration, or modification of Products or use of parts not approved by AquaTeq will void this Limited Warranty.
5. WARRANTY EXCLUSIONS. This Limited Warranty does not cover, and AquaTeq, including, but not limited to, any of its related companies or affiliates, e.g., NozzTeq Inc. or AquaTeq GmbH, shall not be responsible for the following, or damage caused by the following: (a) any Product or part that has been changed, altered, or modified in any way not approved by AquaTeq in advance in writing; (b) any Product or part that has been operated under more severe conditions or beyond the intended use of that Product or that has been used in a negligent or reckless manner; (c) depreciation or damage caused by normal wear and tear; (d) exposure to fire, moisture, water intrusion, electrical stress, insects, explosions, extraordinary weather and/or environmental conditions, including, but not limited to, lightning, natural disasters, storms, windstorms, hail, earthquakes, or any other force majeure event; (e) damage to any Product caused by any attempt to repair, replace, or service the Product by persons other than AquaTeq or AquaTeq authorized service representatives; (f) costs of normal maintenance parts and services; (g) damage sustained during unloading, shipment, or transit of the Product; or (h) failure to follow any operation manuals, instruction manuals, warnings, instructions, or guidance, whether in writing or oral, provided by AquaTeq.
6. REQUIRED WARRANTY PROCEDURES. To submit a claim under this Limited Warranty, the End-User must: (a) submit the allegedly defective Product to AquaTeq within the Limited Warranty Period specified in this Limited Warranty; (b) provide proof of purchase from AquaTeq or a Dealer; and (c) make the Product available to a AquaTeq authorized service representative for inspection to determine eligibility for coverage under this Limited Warranty. This Limited Warranty shall not extend to any person or entity who fails to provide proof of original purchase from AquaTeq or a Dealer.
7. DISCLAIMER OF IMPLIED WARRANTIES AND OTHER REMEDIES. To the extent permitted by law, neither AquaTeq nor any company affiliated with it, makes any warranties, representations, conditions, or promises, express or implied, as to the quality, performance or freedom from defect of the Products covered by these warranties other than those set forth above. MOREOVER, NO STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS ARE MADE. TO THE EXTENT LEGALLY REQUIRED, ANY IMPLIED WARRANTIES OR CONDITIONS SHALL BE LIMITED IN DURATION TO THE APPLICABLE LIMITED WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY. THE END-USER’S ONLY REMEDIES IN CONNECTION WITH THE BREACH OR PERFORMANCE OF ANY WARRANTY ON AQUATEQ’S PRODUCTS ARE THOSE SET FORTH IN THIS LIMITED WARRANTY. IN NO EVENT WILL AQUATEQ, OR ANY COMPANY OR PERSON AFFILIATED WITH AQUATEQ BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
8. NO DEALER/DISTRIBUTOR WARRANTY. DEALERS MAY NOT CHANGE, ALTER, OR MODIFY THE TERMS OR LIMITATIONS OF THIS LIMITED WARRANTY IN ANY WAY.
9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AQUATEQ SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DIMINUTION OF VALUE, WORK STOPPAGE, INTERRUPTION OF BUSINESS, RENTAL OF SUBSTITUTE PRODUCT, OR OTHER COMMERCIAL LOSS EVEN TO THE EXTENT SUCH DAMAGES WOULD CONSTITUTE DIRECT DAMAGES), WITH RESPECT TO THE COVERED PRODUCT(S), OR OTHERWISE IN CONNECTION WITH THIS LIMITED WARRANTY, REGARDLESS OF WHETHER AQUATEQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS UNDERSTOOD THAT AQUATEQ’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY THE END-USER FOR THE PRODUCT. AQUATEQ’S MAXIMUM LIABILITY SHALL NOT EXCEED, AND END-USER’S REMEDY IS LIMITED TO, AT AQUATEQ’S SOLE DISCRETION: (A) REPAIR OR REPLACEMENT OF THE DEFECTIVE WORKMANSHIP OR MATERIAL; OR (B) REFUND OF THE PURCHASE PRICE; (OR (3) ISSUANCE OF A CREDIT FOR THE PURCHASE PRICE; AND SUCH REMEDIES SHALL BE END-USER’S ENTIRE AND EXCLUSIVE REMEDY.
If any provisions of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the other portions hereof.