
Certificate of Warranty for Ecoflo®ST-500, ST-650,
STB-500 and STB-650 Biofilters
1. Preamble
Premier Tech 2000 Ltd. (hereinafter called "Premier Tech") is
proud to provide to its customers 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®ST-500, ST-650, STB-500
or STB-650 Biofilter. "Successor" 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 filter bed of the
Ecoflo®ST-500, ST-650, STB-500 and STB-650 Biofilters will
function properly for a period of four (4) years commencing on
the date of purchase.
Premier Tech also warrants the fibreglass and other components
of the Ecoflo®ST-500, ST-650, STB-500 and STB-650
Biofilters against any manufacturing defects for a period of five
(5) years commencing on the date of purchase.
This warranty of effectiveness, sound manufacture and
durability is given by Premier Tech to the Customer in addition
to the legal warranty set out in Articles 1726 to 1730 of the
Quebec Civil Code, and is a conventional warranty applicable
under the terms and conditions of this warranty certificate.
The conventional warranty of Premier Tech is expressly limited
to the text of this certificate.
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®ST-500,
ST-650, STB-500 or STB-650 Biofilter.
This notice must be given by mail or by facsimile to Premier
Tech at its head office.
On receipt of such notice, Premier Tech will examine the
situation and take appropriate corrective measures where the
terms of this warranty apply.
4. 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 any installation,
modification, correction or addition carried out by a person not
authorized 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®ST-500, ST-650,
STB-500 or STB-650 Biofilter 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 any applicable regulations;
(f) Any damage or problem, if it is demonstrated that the Ecoflo®
ST-500, ST-650, STB-500 or STB-650 Biofilter was not used in
accordance with the instructions and guidelines contained in the
owner's manual;
(g) Any damage or problem, if the Ecoflo®ST-500, ST-650,
STB-500 or STB-650 Biofilter has not been maintained 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 or the 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 has
failed to notify Premier Tech of any change in the use of the
property served by the Ecoflo®Biofilter(s) that alters the nature
or quality of wastewater being treated and/or that constitutes a
violation of the applicable regulations.
(j) Any damage or problem caused during the works performed
in order to access to the Ecoflo®ST-500, ST-650, STB-500 or
STB-650 Biofilter, including, without limiting the generality of
the foregoing, excavation, snow-removal or demolition.
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®ST-500, ST-650, STB-500 or STB-650 Biofilter
sold, or attempt to carry out any work whatsoever 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, to take note of
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®ST-500, ST-650, STB-500 or STB-
650 Biofilter 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 filter bed and/or
of one or several components of the Ecoflo®ST-500, ST-650,
STB-500 or STB-650 Biofilter and the required labour in
accordance to sections 3 and 4.
7. Limitation of liability
Premier Tech may in no way be held liable for any other damage
sustained by the Customer. Premier Tech's compensation or
indemnification obligation shall be limited to the provisions of
section 6 of this warranty agreement.
8. Transfer of Ownership
In the event of transfer of ownership, sale, assignment or
disposition in any other way of Customer's property to a third
party, this warranty shall continue to apply if and only if the new
owner confirms in writing to Premier Tech that he/she is the new
owner of the property, he/she understands and is aware of the
content of this warranty certificate and accepts its terms and
conditions.
The Customer undertakes to hand over to the new owner or to
the new owner’s successors, the warranty certificate remitted to
the Customer upon completion of the work, as well as the
owner's manual and the maintenance and environmental
monitoring program for the Ecoflo®ST-500, ST-650, STB-500
or STB-650 Biofilter.
Premier Tech Environment Own. Man. Biofilter ST-650, STB-650 Ont Eng
Version 6.0: 2003-05-01
4