State Law and Implied Warranties: This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Any implied warranties that apply to you, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the Warranty Period defined below. Some states do not allow limitations on how long an implied warranty will last, so the above limitation may not apply to you.
Limited Warranty – What is Covered: ElectroSea, LLC (“ElectroSea”) warrants that this product (the “Product”) will be free from defects in materials and workmanship when used for its intended purposes under normal usage conditions. As described below, there are limitations to this Limited Warranty.
Who is Covered: This Limited Warranty is made only to this purchaser (the “Original Purchaser”):
- the original end user purchaser of a Product directly from ElectroSea or an authorized ElectroSea Dealer (a “Direct Purchaser”); or
- the original end user purchaser of a new vessel in which a new Product was installed by the manufacturer (a “Vessel Purchaser”).
This Limited Warranty is not transferable.
How Long Coverage Lasts – the Warranty Period: This Limited Warranty only applies for the period specified in the Warranty Table below (the “Warranty Period”) that begins on:
- for a Direct Purchaser, the date of the Direct Purchaser’s installation of the Product; or
- for a Vessel Purchaser, the date the vessel is delivered to the Vessel Purchaser by the manufacturer or one of its dealers.
Warranty Product, Period and Coverage
What ElectroSea will Do: ElectroSea’s only obligation under this Limited Warranty is to, at ElectroSea’s election:
- repair the Product;
- replace the Product; or
- refund the original purchase price paid by the Original Purchaser for the Product.
This is the sole and exclusive remedy available under this Limited Warranty. ElectroSea’s maximum monetary liability under this Limited Warranty is an amount equal to the purchase price paid by the Original Purchaser for the Product.
Things Not Covered: This Limited Warranty does not cover:
- a failure of the Product that results from (a) installation that does not comply with any American Boat and Yacht Council (“ABYC”) standards, (b) improper installation of the Product, (b) a failure to follow instructions for use of the Product, (c) jamming or clogging the Product with foreign matter, (d) use of chemicals or other substances not specified by ElectroSea for use in or with the Product, (e) abuse, misuse, or mishandling of the Product, (f) repair or modification of the Product by someone other than ElectroSea, or (g) damage to the Product, however caused;
- damage to the Product while in transit to or from ElectroSea; or
- damage to the vessel in which the Product is installed or any of its equipment, components, systems, fittings, air conditioners, chillers, wells, pumps, freezers, conduits or pipework;
- Pumps that have been run dry, neglected, improperly maintained, operated without an adequate sea strainer on the suction side of the pump; or motors that have been submerged or excessively water damaged.
- Items not manufactured and/or sold by ElectroSea.
No Other Express Warranties: This Limited Warranty is the only express warranty that applies to the Product. ElectroSea has not given anyone the right to make any warranty or promise of any kind relating to ElectroSea or the Product, so if someone other than ElectroSea makes a warranty or promise relating to ElectroSea or the Product, that warranty or promise is not binding on ElectroSea.
Limitation of Damages: In no event or circumstance will ElectroSea be liable to anyone for any punitive, special, incidental, indirect or consequential damages that relate in any way to the Product, even if ElectroSea has been advised of the possibility of those damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
Product Changes: ElectroSea may change the Product, the materials used in the Product, or the manner in which the Product is made from time to time, but will not have an obligation to incorporate any of those changes into previously manufactured Products or provide notice of any of those changes to purchasers of previously manufactured Products.