AA System Operation Manual
Page 27 of 27
© 2007
WARRANTY
SELLER hereby warrants to CUSTOMER that the goods herein described will be free from any
liens or encumbrances, that good title to said goods will be conveyed to CUSTOMER by sale of
same.
SELLER warrants materials of its own manufacture against defects in material and
workmanship under normal conditions of usage and service for one year from whichever of
the following events occurs first:
•
First use in a system.
•
Three (3) months following date of shipment from Vista, CA.
Materials not manufactured by seller receive only such warranty, if any, of the manufacturer
thereof and which are hereby assigned to CUSTOMER without recourse to SELLER.
SELLER’S obligation under this warranty is limited to and shall be fully discharged by repairing
or replacing any defective part FOB its works. SELLER shall not be liable for repair or
alterations made without SELLER’s prior written approval; for membrane elements becoming
plugged by suspended matter, precipitates, or biological growth; or failure to properly
maintain the element. SELLER shall not be liable for damages or delays caused by defective
material. Elements returned to SELLER for warranty examination must be shipped freight
prepaid.
SELLER’S Liability. SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, NOR SHALL RECOVERY OF ANY KIND
AGAINST SELLER BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE SPECIFIC
GOODS SOLD AND CAUSING THE ALLEGED DAMAGE, WHETHER SUCH CLAIM BE BASED ON
CONTRACT OR TORT; provided, however, the aforesaid to the contrary notwithstanding,
SELLER shall not be liable for any bodily injuries or property damage directly caused by its
willful, wanton or negligent acts.
All Other Warranties and Damages. THERE ARE NO WARRANTIES ESTABLISHED,
EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTY OF MERCHANTABILITY,
EXCEPT THOSE SET FORTH ABOVE OR ANY PERFORMANCE WARRANTY WHICH IS ATTACHED
TO THIS ORDER.
Permits, Ordinances and Code Compliance. CUSTOMER has full responsibility for
obtaining any licenses, permits and inspections required with respect to installation and use of
the goods herein described.
Governing Law. Any agreement based upon this Order and the obligations thereby imposed
on SELLER and CUSTOMER shall be governed by and construed according to the laws of the
State of California.
