|
Warranty:
Pond Armor warrants all equipment
referenced in this document which is
manufactured by Pond Armor and bearing
its name to be free from defects in
material and workmanship on the date of
sale to the original purchaser for use.
With the exception of any special,
extended, or limited warranty published
by Pond Armor, Pond Armor will, for a
period of twelve months from the date of
sale, repair or replace any part of the
equipment determined by Pond Armor to be
defective. This warranty applies only
when the equipment is installed,
operated and maintained in accordance
with Pond Armor’s written
recommendations.
This warranty does not cover, and Pond
Armor shall not be liable for general
wear and tear, or any malfunction,
damage or wear caused by faulty
installation, misapplication, abrasion,
corrosion, inadequate or improper
maintenance, negligence, accident,
tampering, or substitution of non-Pond
Armor component parts. Nor shall Pond
Armor be liable for malfunction, damage
or wear caused by the incompatibility of
Pond Armor equipment with structures,
accessories, equipment or materials not
supplied by Pond Armor, or the improper
design, manufacture, installation,
operation or maintenance of structures,
accessories, equipment or materials not
supplied by Pond Armor.
This warranty is conditioned upon the
prepaid return of the equipment claimed
to be defective to Pond Armor for
verification of the claimed defect. If
the claimed defect is verified, Pond
Armor will repair or replace free of
charge any defective parts. The
equipment will be returned to the
original purchaser transportation
prepaid. If inspection of the equipment
does not disclose any defect in material
or workmanship, repairs will be made at
a reasonable charge, which charges may
include the costs of parts, labor, and
transportation.
THIS WARRANTY IS EXCLUSIVE, AND IS IN
LIEU OF ANY OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTY OF MERCHANTABILITY OR WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE.
Pond Armor’s sole obligation and buyer’s
sole remedy for any breach of warranty
shall be as set forth above. The buyer
agrees that no other remedy (including,
but not limited to, incidental or
consequential damages for lost profits,
lost sales, injury to person or
property, or any other incidental or
consequential loss) shall be available.
Any action for breach of warranty must
be brought within two (2) years of the
date of sale.
Pond Armor MAKES NO WARRANTY, AND
DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, IN CONNECTION WITH
ACCESSORIES, EQUIPMENT, MATERIALS OR
COMPONENTS SOLD BUT NOT MANUFACTURED BY
Pond Armor. These items sold, but not
manufactured by Pond Armor (such as
electric motors, switches, hose, etc.),
are subject to the warranty, if any, of
their manufacturer. Pond Armor will
provide purchaser with reasonable
assistance in making any claim for
breach of these warranties. In no event
will Pond Armor be liable for indirect,
incidental, special or consequential
damages resulting from Pond Armor
supplying equipment hereunder, or the
furnishing, performance, or use of any
products or other goods sold hereto,
whether due to a breach of contract,
breach of warranty, the negligence of
Pond Armor, or otherwise.
All sales
are final. |