One-Year Limited Warranty
CWT Water Technologies (hereinafter “CWT”) provides a twelve (12) month limited warranty on the materials, workmanship, and performance of its own manufactured components, when installed and operated in accordance with CWT recommended design and operating specifications. This warranty only applies to the original purchaser (the “Customer”) of each component (each “Product”) and commences from the date of purchase as stated on CWT original invoice.
Exclusions From Warranty
This Warranty does not extend to equipment or Products manufactured by others and distributed by CWT , nor to equipment or Products manufactured by others into which a CWT product has been incorporated. If allowable, CWT hereby assigns, without warranty, to the Customer its interest, if any, under any warranty made by the manufacturer of such equipment or Product.
This Warranty shall be void if the Product is subject to any accident, damage, damage to the sealing surfaces, faulty installation, problems with sealing caused by foreign debris or mishandling, misapplication, chemical exposure, or other abuse or misuse; any modifications, additions, or alterations not approved by CWT in writing; any use of the Product after discovery of a defect without CWT prior written consent; or the Customer’s or user’s refusal to permit CWT or its authorized representative to examine the Product in a timely manner in order to determine the nature and extent of a claimed defect. Normal wear of replaceable components, including without limitation O-ring seals, is specifically excluded from this Warranty.
No agent, employee, or representative of CWT has any authority to bind CWT to any affirmation, representation, or warranty concerning the goods sold under this contract, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this Warranty, it will not be enforceable by the Customer.
CWT sole obligation under this warranty, and the Customer’s sole remedy for any breach of this Warranty, is limited to, and shall be fully discharged by, CWT repair of any defective Product or, at CWT sole option, its replacement of such Product with an identical or substantially similar Product. CWT repair or replacement of such Product shall take place at CWT plant in St. Croix, USVI, Georgia, and the Customer shall be solely responsible for all charges incurred in shipping the Product to CWT plant and for any and all insurance in connection therewith. Any replacement Product will be warranted against defects in material and workmanship for the unexpired portion of the warranty period applicable to the Product as to which such repair and replacement has been made.
CWT OBLIGATION UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT (AT CWT SOLE DISCRETION) OF ANY PRODUCT, OR COMPONENT THEREOF, PROVED TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP WITHIN THE COVERED WARRANTY PERIOD.
The Customer, at the Customer’s risk and expense, shall be responsible for returning such Product or component, only after obtaining a Return Goods Authorization (RGA) number from CWT, arranging for freight prepaid, and in conformance with any special packaging and shipping instructions set forth on the operation documentation or RGA instructions, or as otherwise reasonably required, to CWT address set forth below, together with (1) the RGA number issued by CWT at the Customer’s request; (2) proof of purchase and, if necessary, proof of installation date; (3) an RGA Form; (4) a description of the suspected defects; (5) the serial number of the CWT Product alleged to be defective; and (6) a description of the type of water and pretreatment equipment that has been utilized in connection with the Product, if any. CWT shall, in CWT reasonable discretion, be the sole judge of whether a returned Product or component is defective in material or workmanship. Required or replaced Products or components shall be returned via surface freight. In genuine emergency situations, CWT will (at CWT sole discretion) forward replacement parts to the Customer without waiting for authorized return of the questionable part(s). In such cases, the Customer will issue a purchase order or other payment guarantee prior to shipment. If the returned part is found to have been misused or abused, or the defective part is not received by CWT within thirty (30) days, the Customer will be invoiced for the replacement part(s) provided. This Warranty does not cover or include labor and/or travel to the Customer’s premise or location or any other location. Charges of $1,000 per day plus associated travel expenses will be incurred by the Customer in providing the Warranty Service at any location other than CWT main headquarters; that is if CWT deems that the Product is not covered by said Warranty. CWT reserves the right to precondition such travel to the Customer’s premises upon prepayment of CWT anticipated costs of attending such premises.
LIMITATIONS OF WARRANTY
OTHER THAN AS SPECIFICALLY SET FORTH IN THIS WARRANTY, CWT MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, AND CWT DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. CWT LIABILITY UNDER THIS WARRANTY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE FOR THE PRODUCTS. CWT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, COST OF REMOVING OR INSTALLING THE PRODUCT OR COMPONENTS, DOWNTIME, OR THE CLAIMS OF THIRD PARTIES, AND INJURIES OR DAMAGES TO PERSONS OR PROPERTY.
INSTALLATION AND USE
The specifications and operational requirements for a Product are readily available from CWT and may be requested in writing via email. Failure to request this information shall not void or invalidate this Warranty or the limitations contained herein.
It is the intent of the parties to this contract to fully and completely state the rights and obligations of the parties in this Warranty, and CWT has specifically set forth in this Warranty the extent and nature of the warranty on the Product(s) to be sold. There are no warranties that extend beyond the description in this Warranty.
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