
Certificate of Warranty for Ecoflo®Biofilters STB-650B/BR
Premier Tech Environnement 5/7 Owner's Manual – Concrete Ecoflo®– CAN
Edition 1.0: 2009-01-14
1. PREAMBLE
Premier Tech Technologies Ltd. (hereinafter called "Premier
Tech") is proud to provide its customers with an exclusive
wastewater treatment system guaranteed by an innovative
warranty.
For the purposes of this warranty, "Customer" shall mean the
person who has acquired an Ecoflo®Biofilter STB-650B and/or
STB-650BR (hereinafter called “Initial Purchaser”) as well as
any subsequent purchaser (hereinafter called “Subsequent
Purchaser(s)”), according to the dispositions of paragraph 8 of
this present warranty. "Successor(s)" shall mean any other person
entitled to exercise Customer's rights under the law.
2. NATURE OF THE WARRANTY
Premier Tech warrants to the Customer that the filtering media of
the Ecoflo®Biofilters STB-650B/STB-650BR will function
properly for a period of eight (8) years starting on the date of
purchase by the Initial Purchaser only if the septic tank installed
upstream from the Ecoflo® Biofilter is equipped with an effluent
filter, as required by regulations.
Premier Tech also warrants the components of the Ecoflo®
Biofilters STB-650B/STB-650BR, except for the concrete
components of all models and for the pump in the Ecoflo®
Biofilter STB-650BR, against any manufacturing defects for a
period of ten (10) years starting on the date of purchase by the
Initial Purchaser. The pump included in the Ecoflo®Biofilter
STB-650BR is guaranteed for two (2) years, parts and labor,
starting on the date of purchase by the Initial Purchaser. Premier
Tech offers no warranty on the Ecoflo®Biofilter concrete shell
but in accordance only with the concrete manufacturer's warranty
policy.
This warranty of effectiveness, sound manufacture and durability
is given by Premier Tech to the Customer in addition to the legal
warranty or other Customer’s rights in accordance with any
applicable law.
The conventional warranty of Premier Tech is expressly limited
to the text of this certificate and valid if the Ecoflo®Biofilter
STB-650B/STB-650BR installation has been made in accordance
with applicable regulations and with the manufacturer's
recommendations.
3. NOTICE
For this warranty to be valid, the Customer must notify Premier
Tech in writing immediately upon the appearance of any
indication of an anomaly or irregularity in the Ecoflo®Biofilter
STB-650B/STB-650BR.
Such notice must be given by mail to Premier Tech’s head office
at 1, avenue Premier, Rivière-du-Loup, Québec, G5R 6C1,
CANADA or by facsimile at (418) 862-6642.
Upon receipt of this notice, Premier Tech will examine the
situation and, if necessary, take appropriate corrective measures
in accordance with the terms of the present warranty.
4. GENERAL EXCLUSIONS
The following damages or problems are excluded from the
warranty:
(a) Any damage or problem caused by a fortuitous event or
“force majeure”, such as, without limiting the generality of the
foregoing, earthquake, flood, hurricane, landslide, explosion or
dynamiting;
(b) Any damage or problem caused by the fault or act of a third
party;
(c) Any damage or problem arising from a defective installation
carried out by a person trained by Premier Tech, or any
installation, modification, correction or addition carried out by a
person not trained by Premier Tech;
(d) Any damage or problem arising from any installation,
modification, correction or addition to the treatment system
carried out after installation of the Ecoflo®Biofilter STB-
650B/STB-650BR without Premier Tech's prior written approval;
(e) Any damage or problem caused by the use of a septic tank
which does not comply with the applicable regulations and/or
with Premier Tech’s specifications, as described in the owner’s
manual;
(f) Any damage or problem, if it is demonstrated that the Ecoflo®
Biofilter STB-650B/STB-650BR has not been used in
accordance with the instructions and guidelines contained in the
owner's manual;
(g) Any damage or problem, if the maintenance of the Ecoflo®
Biofilter STB-650B/STB-650BR has not been executed by a
person authorized by Premier Tech in accordance with the
maintenance agreement;
(h) Any damage or problem caused by the fault or action of the
Customer its Customer's Successors including, without limiting
the generality of the foregoing, refusal to allow access to the
system for maintenance;
(i) Any damage or problem, if it is found that the Customer or
Customer's Successors have modified or changed the use of the
property serviced by the Ecoflo®Biofilter STB-650B/STB-
650BR resulting in the alteration of the nature or quality of
wastewater being treated and/or that constitutes a violation of the
applicable regulations;
(j) Any damage or problem caused and/or resulting of the works
performed in order to access to the Ecoflo®Biofilters STB-
650B/STB-650BR, including, without limiting the generality of
the foregoing, excavation, snow-removal or demolition;
(k) Any damage or problem resulting from site’s and/or soils
prior condition not reported or not properly reported to Premier
Tech by the Customer or the person performing the site
investigation.
5. PARTICULAR EXCLUSIONS
It is further expressly understood that the Customer may not carry
out or cause to be carried out any repair or verification of the
Ecoflo®Biofilters STB-650B/STB-650BR sold, or attempt to
carry out any work or to apply any corrective measures
whatsoever to said work, before notifying Premier Tech in
accordance with the provisions of section 3 of this warranty and
before Premier Tech has visited the site, within a reasonable time
following receipt of said notice, in order to evaluate the situation.
If the Customer carries out or causes to be carried out repairs, or
attempts to repair or to apply corrective measures of any kind
whatsoever to the Ecoflo®Biofilters STB-650B/STB-650BR
sold, without prior authorization by Premier Tech, this warranty
shall be considered null and void and Premier Tech shall be
considered completely discharged from any and all of its
obligations under this warranty.
6. INDEMNITIES AND DAMAGES
Premier Tech's liability and obligations under this warranty shall
be in any event limited to the replacement of the filtering media
and/or of one or several components of the Ecoflo®Biofilters
STB-650B/STB-650BR as well as the supply of the required
labor, if applicable, in accordance with sections 3 and 4.