Advantage Pool Pumps Bedienungshandbuch PDF herunterladen (Seite 9)

CLAIMS: All claims must be made within ten (10) calendar days after

receipt of the merchandise. If any shipment is Here received in a

damaged condition, your claim must be filed with the delivering carrier

and noted on the freight bill before you accept the merchandise.

RETURNS: All returns are subject to our written approval and must be

accompanied by a “Return Goods Authorization” number obtained from

APP prior to shipment. Unauthorized returns will not be accepted.

Freight must be prepaid. Material returned for credit, if in original

ondition and resalable, is subject to a 20% handling charge.

TAXES: Any Federal or State Excise or Sales Tax for which APP may

be liable on any sale will be charged to and paid by the buyer. Buyer is

responsible for furnishing a resale certificate.

PRICES: Prices and Products are subject to change without notice.

LIMITED WARRANTY: To Buyer, as original purchaser of the Goods,

APP warrants its products free from defects

in materials and workmanship for a period of one year from the date of

purchase. Parts which fail or become defective during the warranty

period, except as a result of freezing, negligence, improper installation,

use or care, shall be repaired or replaced, at our option, within ninety

(90) calendar days of the receipt of the defective product, barring

unforeseen delays. To obtain warranty, replacements or repair, defective

components or parts should be returned, transportation paid, to the place

of purchase. No returns may be made directly to the factory without the

express written authorization of APP. Pump housing/strainers which

become defective during the warranty period, except as a result of

freezing, negligence, improper installation, use or care, or as the result

of use in association with an automatic valving system, shall be repaired

or replaced, at APP’s option, without charge. All other conditions and

terms of the standard warranty apply. APP shall not be responsible for

cartage, removal and/or re installation labor or any other cost incurred

in obtaining warranty replacements. The foregoing warranty does not

apply to components manufactured by others. For such products, the

warranty established by the respective manufacturers will apply.

LIMITATION ON IMPLIED WARRANTIES: Implied warranties,

including any warranty or merchantability imposed on the sale of the

goods under state law, are limited to one year duration for the goods or

any parts.

LIMITATIONS OF LIABILITY: THE ESSENTIAL PURPOSE OF

THIS PROVISION IS TO LIMIT APP’S LIABILITY HEREUNDER.

EXCEPT FOR BODILY INJURY OR DEATH OF A PERSON,

UNDER NO CIRCUMSTANCES WILL APP, ITS EMPLOYEES,

OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR

ASSIGNS, BE LIABLE TO ANYONE UNDER ANY PRODUCT

ORDER, SCHEDULE OR TERMS AND CONDITIONS HEREIN,

UNDER ANY CONTRACT, STRICT LIABILITY, TORT

(INCLUDING NEGLIGENCE) OR OTHER LEGAL OR

EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE OR

FORESEEN, FOR: (1) BUSINESS INTERRUPTION COSTS, COST

OF REWORK, RETESTING, PROCUREMENT OF SUBSTITUTE

GOODS, REMOVAL AND RE INSTALLATION OF GOODS; OR (2)

ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR

CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT

LIMITATION LOST PROFITS, LITIGATION COSTS, LOSS OF

EQUIPMENT, PRODUCTION OR PROFIT, GOODWILL, LOSS OF

REVENUE, OR LOSS OF UNITS; COST OF RENTING

REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES,

EVEN IF THE AP HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES, THERE IS A TOTAL AND FUND A MENTAL

BREACH OF THIS AGREEMENT OR WHETHER ANY REMEDY

PROVIDED.

HEREIN FAILS OF ITS ESSENTIAL PURPOSE. APP’S LIABILITY

AND BUYER’S SOLE REMEDY, WHETHER IN CONTRACT,

UNDER WARRANTY, IN TORT (INCLUDING NEGLIGENCE,) IN

STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE

RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY

BUYER AND SHIPMENT COSTS.

INDEMNIFICATION: Buyer will defend and indemnify APP and its

directors, employees, agents, customers, end users, successors and

assigns from and against all actual and alleged claims, liabilities, suits,

damages, losses and expenses (including attorney’s fees and legal costs)

arising from, or caused in whole or in part, by buyers breach of any

provision, term or condition of purchase.

BINDING EFFECT: All sales transactions are binding on APP and the

buyer and their respective directors, officers, employees, agents,

subcontractors, successors and permitted assigns.

GOVERNING LAW: All transactions will be interpreted and enforced

under the laws of the State of California (including without limitation

the Uniform Commercial Code as adopted by the California), without

recourse to the conflict of laws provision thereof. In no event will the

provisions of the UN Convention of the International Sale of Goods

apply to any purchases. APP and buyer agree that any action or

proceeding arising out of or in connection with any sale of product or

service, will be brought exclusively to a court of competent jurisdiction

in the County of Orange, State of California.

THE LIMIT OF LIABILITY FOR ANY CLAIMS SHALL NOT

EXCEED THE AMOUNT PAID OR PREPAID ON ACCOUNT BY

BUYER FOR THE GOODS GIVING RISE TO SUCH CLAIMS.

BUYER SHALL BE DEEMED TO ASSUME ALL LIABILITY FOR

ANY AND ALL DAMAGES ARISING FROM OR IN

CONNECTION WITH THE USE OR MISUSE OF THE GOODS BY

BUYER, ITS EMPLOYEES, CUSTOMERS AND OTHERS.

SELLER SHALL NOT BE LIABLE FOR AND BUYER AGREES

TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS

FROM ANY CLAIMS BASED ON SELLER’S COMPLIANCE

WITH BUYER’S DESIGNS, SPECIFICATIONS OR

INSTRUCTIONS, OR MODIFICATION OF ANY GOODS BY

PARTIES OTHER THAN SELLER, OR USE IN COMBINATION

WITH OTHER PRODUCTS. EACH PARTY RECOGNIZES AND

AGREES THAT THE WARRANTY DISCLAIMERS AND

LIABILITY AND REMEDY LIMITATIONS HEREIN ARE

MATERIAL, BARGAINED FOR BASES OF ANY ORDER OR

CONTRACT AND THAT THEY HAVE BEEN TAKEN INTO

ACCOUNT AND REFLECTED IN DETERMINING THE

CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER ANY

ORDER OR CONTRACT AND IN THE DECISION BY EACH

PARTY TO ENTER INTO SUCH ORDER OR CONTRACT.

is a registered trademark of Zodiac Pool Care, Inc.,

Letro

is a registered trademark of Letro Products, Sta-Rite

is a registered trademark

of Sta-rite Industries, Hayward

is a registered trademark of Hayward Manufacturing

Co., Inc., WhisperFlo

is a registered trademark of Pentair Pool and Spa, Inc., Noryl

is a registered trademark of GE Plastics, Northstar™ is a trademark of Hayward

Manufacturing Co., Inc., Cal Spas

is a registered trademark of California Acrylic

Industries, Inc., Aquaflo

is the registered trademark of LSP Products Group, Inc.,

Vico

is a registered trademark of Vico Industries, Waterway

is a registered

trademark of Waterway Plastics, Advantage Pools & Ponds™ is trademark of

1 YEAR LIMITED WARRANTY

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