CAL-HYPO COMMERCIAL SYSTEM LIMITED WARRANTY
Axiall, a Westlake Company ("Axiall") warrants (subject
to the below conditions) only its title to this water
treatment system equipment (the "System") and that the
System will be free of defects in materials and
workmanship for a period of eighteen (18) months from
its original shipment date.
THIS IS THE ONLY REPRESENTATION OR EXPRESS
WARRANTY THAT AXIALL MAKES AND ALL OTHER
EXPRESS WARRANTIES UNDER STATUTE OR
ARISING OTHERWISE IN LAW FROM A COURSE OF
DEALING OR USAGE OF TRADE WITH RESPECT TO
THE SYSTEM ARE DISCLAIMED. ANY IMPLIED
WARRANTIES EXISTING AS A MATTER OF LAW
SHALL NOT EXCEED THE DURATION OF THIS
LIMITED WARRANTY. IN THE EVENT THE SYSTEM
FAILS TO CONFORM TO THIS WARRANTY, AXIALL'S
EXCLUSIVE OBLIGATION AND YOUR EXCLUSIVE
REMEDY SHALL BE LIMITED TO, AT AXIALL'S
OPTION, THE FURNISHING OF NEEDED
REPLACEMENT PARTS OR THE FURNISHING OF A
NEW SYSTEM (BUT THIS DOES NOT INCLUDE
INSTALLATION OR THE COSTS FOR
INSTALLATION). EXCEPT AS PROVIDED IN THE
IMMEDIATELY PRECEDING SENTENCE, IN NO
EVENT WILL AXIALL BE LIABLE UNDER ANY
THEORY OF RECOVERY (WHETHER BASED ON
NEGLIGENCE OF ANY KIND, STRICT LIABILITY OR
TORT) FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN ANY WAY RELATED TO ANY USE
MADE OF THE SYSTEM.
Warranty Conditions. This Limited Warranty shall apply
and be effective only if: (i) the System is installed and
operated and maintained in accordance with this manual
and the instructions accompanying the System; (ii) you,
at your cost, promptly return the System or defective part
to such location as may be specified by Axiall; and, (iii)
only Axiall’s Accu-Tab® Blue SI calcium hypochlorite
tablets are used in the System. If any of these conditions
are not met, this Limited Warranty will not apply and you
acknowledge and agree that your purchase of the
System will be on an "AS-IS" basis without any warranty
of any kind whatsoever having been provided by Axiall.
You assume all responsibility and risk and liability arising
from: (i) the unloading, installation, storage, handling and
use of the System, including use thereof alone or in
combination with other materials; (ii) the improper
functioning or failure of unloading, installation,
transportation or storage equipment you use, whether
furnished or recommended by Axiall or not; and, (iii) the
failure to comply with laws, rules and regulations
governing storage, unloading, installation, handling, and
use of the System. You will indemnify, hold harmless,
and defend Axiall from and against any claim, suit,
damage, cost, expense, fine, liability, or cause of action
whatsoever, including reasonable attorney fees, on
account of relating to, or arising out of the use,
possession, installation or resale of the System.
This Limited Warranty gives you specific rights, and you
also may have other rights, which vary from jurisdiction
to jurisdiction. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not
apply to you. Some jurisdictions do not allow limitations
on how long an implied warranty lasts, so the above
limitation may not apply to you.
.
Accu-Tab®is a registered trademark of Axiall Corporation.