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WATERAX LIMITED WARRANTY

WHEREAS subject to the following general and specific terms and conditions, WATERAX Inc. (the “Seller”) hereby warrants (the “Purchaser”) that its products, including any pump parts products manufactured by WATERAX (the “Products”) sold under WATERAX Inc. brands will be free of defects in material and workmanship for the applicable Warranty Period (as set out at section 2); The general terms and conditions applicable for all Products are set forth under section 1. the specific terms and conditions applicable for all Products, including Warranty Periods and Warranty Coverage, are set forth in the table under section 2;

General terms and conditions

The following limitations, exclusions, procedures and other terms and conditions shall apply for all Products:

  1. The Warranty shall be voided upon the occurrence of any of the following events:
    1. The Product is used for an application, with products or in a manner other than the application, products and manner for which such Product is designed and intended;
    2. The Product is subjected to a use, service, condition or environment other than a use, service, condition or environment for which such Product is designed and intended;
    3. The Product is not properly installed by the Purchaser or its agent or representative;
    4. The Product is not properly tested and maintained in accordance with Seller’s product manuals and supplemental instructions and guidelines as set out in full at www.waterax.com/eng/warranty, applicable industry standards and guidelines, and applicable legal and regulatory requirements;
    5. The Product is altered, modified, serviced (with the exception of routine maintenance performed in accordance with the Seller’s product manuals and supplemental instructions, and industry accepted standards and guidelines), or repaired by a person other than the Seller or a person authorized by the Seller to make such alteration or modification or perform such service or repair;
    6. The Seller is not paid the full amount of the purchase price for the Product when due;
    7. Any bad faith invocation of a warranty claim or breach of a purchase agreement by the Purchaser.
  2. The following are excluded from Warranty coverage:
    1. Non-defective parts worn, exhausted or consumed through normal usage of the Product;
    2. Any consumable parts normally subject to routine replacement, including but not limited to pump packing, O-rings, gaskets, intake screens, anodes or filters;
    3. Routine maintenance as specified and in accordance with the Seller’s product manuals and supplemental instructions and guidelines as set out in full at www.waterax.com/eng/warranty;
    4. Failure due to compliance with a specification or design provided or required by Purchaser;
    5. Failure due to improper operation, excess pressure, excess voltage, abuse, misuse, negligence or accidents or other similar causes;
    6. Failure due to operator error;
    7. Damage during or after shipment and failure attributable thereto or resulting there from;
    8. Failure attributable to or resulting from the failure or substandard, inadequate or improper performance of any part, component or equipment not supplied by the Seller;
    9. Failure attributable to or resulting from the failure or substandard, inadequate or improper performance of any third party part, component, product or equipment, whether or not combined, packaged, incorporated, installed or used with a Seller brand part, component, product or equipment.
  3. Claim Notice and Claim Documentation:
    1. The Seller shall have no obligation under this Warranty unless the Purchaser promptly notifies the Seller in writing (a “Claim Notice”) within the Warranty Period of any claim under this Warranty;
    2. Claim Notices must identify the Product claimed to be defective (including the serial number if applicable) and describe in reasonable detail the circumstances surrounding the failure;
    3. The Purchaser shall also complete and comply with the Seller’s Returned Material’s Authorization (“RMA”) form and procedures. The Purchaser shall request such form in the Claim Notice;
    4. The Purchaser shall provide documentation in support of its claim as the Seller may reasonably request. Such documentation may include, but is not limited to, in service dates, run hours and service and repair records;
  4. Claim Procedure:
    1. Upon the reception of a Claim Notice, the Seller shall have the right to physically inspect the Product claimed to be defective;
    2. If requested by the Seller, the Purchaser shall deliver the Product claimed to be defective to the Seller at its manufacturing facility or to any other party or location designated by the Seller;
    3. The Product must be delivered to the Seller within 30 days of issuance of the RMA;
    4. The RMA number must be included with the Product when delivered to the Seller;
    5. Failure to make timely delivery to the Seller of the Product claimed to be defective shall void this Warranty;
    6. The Purchaser or its customer shall be responsible for all freight and shipping charges in connection with the delivery of the Product claimed to be defective to the Seller and the delivery of repaired or replacement Product or parts to the Purchaser;
    7. The Product claimed to be defective must be shipped by the Purchaser freight prepaid;
    8. Repaired and replacement Product and parts thereof will be shipped to the Purchaser freight collect;
    9. The Purchaser shall bear all risk of loss or damage during shipment.
  5. Repaired and Replacement Product:
    1. If requested to do so by the Purchaser, the Seller may, at its sole option and in its sole discretion, supply a replacement Product or part to the Purchaser prior to making a final determination as to whether Warranty Coverage is available;
    2. If the Seller ultimately determines that no Warranty Coverage is available for a Product claimed to be defective, the Purchaser shall have the option of either:
      1. Having the Product returned to it freight collect, without repair or replacement, or;
      2. If Seller determines that the Product is repairable, have the Product repaired by Seller or another party designated by it on a time and materials basis at Seller’s then current standard charges for non-warranty repairs and then returned to Purchaser freight collect.
    3. The Seller reserves the right to use reconditioned parts for Warranty repairs and to use reconditioned Products for Warranty replacements;
    4. Repaired Product and replacement Product shall be warranted only for the remainder of the original Warranty Period.
  6. Limits of Liability:

    Seller’s warranty as set forth herein is seller’s sole and exclusive warranty and is in lieu of all other warranties, express or implied, including, but not limited to, all warranties of merchantability, quality, course of dealing, usage of trade, fitness for a particular purpose and non-infringement. The rights and remedies set forth herein are the sole and exclusive rights and remedies against seller, except for the specific liabilities and obligations provided herein, seller shall have no liability or obligation with respect to any product claimed to be defective in any manner.

Product specific warranty terms and conditions

Product1Warranty PeriodCoverage2
4-Stroke Powered Portable Pumps Two (2) years from date of shipment of Product to original Purchaser Repair or replacement of Product that Seller determines failed during Warranty period due to a defect in material or workmanship. Seller offers no warranty with respect to engines. Any warranty with respect to engines is limited to whatever warranty may be provided by the engine manufacturer.
2-Stroke Powered Portable Pumps Earlier of one (1) year from date of shipment of Product to original Purchaser or One hundred (100) run hours Repair or replacement of Product that Seller determines failed during the Warranty period due to a defect in material or workmanship.
Backpack Pumps One (1) Year from date of shipment of Product to original Purchaser Repair or replacement of Product that Seller determines failed during the Warranty period due to a defect in material or workmanship.
Skid Units One (1) Year from date of shipment of Product to original Purchaser Repair or replacement of Product that Seller determines failed during the Warranty period due to a defect in material or workmanship. Seller makes no warranty with respect tank and plumbing accessories. Any such warranty with respect to tanks and plumbing accessories is limited to the warranty coverage, if any, provided by the respective manufacturer.
Control Panels, Electronics, Manifolds Two (2) years from date of shipment of Product to original Purchaser Repair or replacement of Product that Seller determines failed during the Warranty period due to a defect in material or workmanship.
Genuine Parts Ninety (90) days commencing on the date when Product is first placed in service. Repair or replacement of Product that Seller determines failed during the Warranty period due to a defect in material or workmanship.
1 When Products are combined to form a module or package, each Product will have its own separate Warranty Period and Warranty Coverage.
2 For each Product, Seller will have the option to refund to Purchaser (in cash or by credit) the purchase price that Seller was paid for such Product, less depreciation determined on a straight line basis over the Warranty Period, in lieu of repair or replacement (including, when applicable, labor). The decision whether to repair, replace or refund (and, if there is a refund, whether to refund in cash or by credit) shall be made by Seller in its sole discretion.

TERMS AND CONDITIONS OF SALE

ORDER BY PHONE, FAX, MAIL OR EMAIL

WATERAX strives to make ordering as simple as possible. A toll free phone call to your local sales representative is all it requires. When you call, you’ll speak to a highly trained and experienced sales representative who will quickly and accurately process your order right over the phone. We will gladly process all orders faxed, mailed or e-mailed.

Prices

All prices are subject to change without notice. Feel free to call, fax, e-mail or write to our sales personnel for current pricing information. All prices are FOB WATERAX’s warehouse/shipping point (Incoterms 2000 revision) unless specifically quoted otherwise.

International Sale of Goods Convention

Please note that we expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, whose terms therefore do not apply to any sales made to you by us.

Payment Terms

Net 30 days, subject to credit approval. Past due amounts are subject to late payment charge of 1.5% per 30 days (being 18% on an annual basis), or service charge at the maximum rate allowed by applicable state or provincial law. Charges (including reasonable solicitor and other out of pocket costs) incurred in the collection of invoices owed will be the sole responsibility of the buyer.

Minimum Charge

We will be pleased to accept all orders. Due to the cost of handling an order, a $45.00 service charge, plus any applicable taxes and/or transportation charges, will apply to all orders of less than $250.00. The minimum order will be waived if merchandise is purchased on credit card.

Credit Card Payment

WATERAX accepts payment by credit card (Visa or MasterCard) up to a maximum of $25,000 per order. A surcharge of 3.5% will apply to any credit card charge over $25,000. Maximum amount per credit card transaction is $50,000.

Delivery

We strive to maintain an extensive inventory to service your needs. Every effort will be made to ship in a timely manner. Notwithstanding anything to the contrary set forth in any purchase order or distributor agreement, passage of title and risk of loss will transfer to the buyer from WATERAX upon shipment from any designated WATERAX warehouse or supplier location, unless otherwise explicitly agreed upon by WATERAX and the buyer in writing for a specific shipment (in which case such exception only applies to the particular shipment in question and not any subsequent shipments).

Shipments will be made freight prepaid with shipping and freight charges added to the invoice unless buyer freight account number is provided. We may make partial shipments and each shipment may be treated separately for purposes of invoicing. Our count and weight taken at the shipping point shall govern. Please note that delivery schedules are approximate and not guaranteed. We assume no responsibility for any delays in delivery.

Shortages or Damaged Merchandise

Any shortage, damage or error in shipment should be reported to us immediately upon receipt of good and at the latest within 10 days after delivery. All packages should be carefully inspected for visible damage prior to acceptance from the carrier and delivery refused or damage noted when signing for receipt of packages.

Returned Goods

Please contact our customer service department with full details concerning the return of any goods and the issuance of a Return Goods Authorization number (RGA). Returned Goods will not be accepted without a valid RGA number. Material returned for reasons other than defective replacement will carry a handling and restocking charge equal to 20% of the invoice price of such merchandise. Material must be in new and original condition subject to inspection, and returned freight prepaid.

Note: all special orders, being non-stocked items purchased on special order are to be considered non-cancellable and non-returnable. Such sales are therefore final.