Speck pumps BADU ECOM2/S90 Installation, Operating And Service Manual page 7

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SECTION 4 LIMITED WARRANTY
Speck Pumps-Pool Products, Inc. grants solely to the original consumer purchaser ("Buyer") of the pump and motor the
following personal, non-transferable and limited warranty on the following terms and conditions (the "Limited Warranty"):
the pump and motor is warranted to be free of material defects in materials or workmanship under normal use for a period of
two (2) year beginning on the date of the Buyer's purchase of the pump and motor. Not withstanding any provisions herein
to the contrary, the warranties and obligations hereunder shall not in any event extend for more than three (3) years beyond
the date of shipment of the pump and motor from the factory (the "Limited Warranty Period"). The Limited Warranty is subject
to each of the following additional terms and conditions:
1. IN THE EVENT OF ANY BREACH OF THE LIMITED WARRANTY, SPECK PUMPS - POOL PRODUCTS, INC.'S ENTIRE
OBLIGATION AND LIABILITY TO BUYER, AND BUYER'S SOLE AND EXCLUSIVE REMEDY SHALL BE AS FOLLOWS: Speck
Pumps - Pool Products, Inc. will, at its option, either repair or replace the pump and motor or refund to Buyer the purchase
price actually paid by Buyer for the pump and motor subject to the Limited Warranty. Speck Pumps - Pool Products, Inc. shall
have no obligations under the Limited Warranty unless Buyer delivers timely written notice to Speck Pumps - Pool Products,
Inc. of the Limited Warranty claim within the Limited Warranty Period and returns the pump and motor to Speck Pumps - Pool
Products, Inc. if requested. To the fullest extent permitted by law, Speck Pumps - Pool Products, Inc. expressly disclaims any
liability for, and the Limited Warranty does not include or cover, any labor, costs or other expenses in connection with the
removal, transportation, shipment, insurance, replacement, repair, or installation of repaired or replaced parts or for any other
costs or expenses or damages to property or things including, but not limited to, those arising in connection with the use of,
or inability to use, the pump and motor.
2. To the fullest extent permitted by law, the Limited Warranty will be void and of no force or e ect and Speck Pumps - Pool
Products, Inc. will have no liability, responsibilities or obligations to Buyer or with respect to the pump and motor in the event
of the occurrence of any one or more of the following:
(a)
Any damage to the pump and motor caused by Buyer, any third party, ground movement, other natural forces, acts of
God or any other sources or causes not arising from a breach of the Limited Warranty, excluding ordinary wear and tear;
(b)
Any replacement, modification, alteration or repair of any parts or components of the pump and motor by anyone other
than Speck Pumps - Pool Products, Inc.;
(c)
Any abuse, misuse, accident, tampering with, improper installation or modification of the pump and motor or any other
actions, inactions or failures to act that violate the terms and conditions of this Limited Warranty;
(d)
Buyer's failure or inability to present an invoice, bill, receipt or other documentation clearly evidencing that the pump
and motor was installed and maintained in strict compliance with this Limited Warranty and that the claim was timely
submitted within the Limited Warranty Period; and/or
(e)
Buyer's failure to comply with the conditions and contingencies set forth in paragraph 3 below.
3. The Limited Warranty is expressly conditioned and contingent upon Buyer's strict compliance with each of the following:
(a)
Installation of the pump and motor by an experienced and qualified pool industry professional and a licensed electrician
who is licensed within the jurisdiction in which the pump and motor is installed and will be used; and
Buyer's operation and maintenance of the pump and motor in strict accordance with Speck Pumps - Pool Products, Inc.'s
(b)
printed operator/maintenance manuals delivered with the pump and motor.
4.
DISCLAIMER: THE LIMITED WARRANTY IS THE ONLY WARRANTY MADE AND IS IN LIEU OF ALL OTHER WARRANTIES,
AND ANY AND ALL IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST
INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE
EXPRESSLY LIMITED IN THEIR SCOPE AND DURATION TO THE TWO YEAR TERM OF THE LIMITED WARRANTY SET
FORTH HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO THE BUYER.
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