
Certificate of Warranty for Ecoflo®Biofilters ST-500/650 and STB-500/650
Premier Tech Environnement 4/6 Owner’s Manual – Ecoflo®Fibergalss – CAN
Edition: 2009-05-13
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 ST-500/650/750
and/or STB-500/650 (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 ST-500/650/750 and/or STB-500/650 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 fiberglass components and other
components of the Ecoflo®Biofilters ST-500/650/750 and/or
STB-500/650 against any manufacturing defects for a period of
ten (10) years starting on the date of purchase by the Initial
Purchaser.
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 ST-
500/650/750 and/or STB-500/650 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
ST-500/650/750 and/or STB-500/650.
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 ST-
500/650/750 and/or STB-500/650 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 ST-500/650/750 and/or STB-500/650 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 ST-500/650/750 and/or STB-500/650 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 or 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 ST-500/650/750
and/or STB-500/650 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 ST-
500/650/750 and/or STB-500/650, including, without limiting the
generality of the foregoing, excavation, snow-removal or
demolition;
(k) Any damage or problem resulting from site’s and/or soil’s
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 ST-500/650/750 and/or STB-500/650 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 ST-500/650/750 and/or
STB-500/650 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
ST-500/650/750 and/or STB-500/650 as well as the supply of the
required labor, if applicable, in accordance with sections 3 and 4.
7. LIMITATION OF LIABILITY
Premier Tech's compensation, indemnification and/or obligation
shall be limited to the provisions of section 6 of this certificate of
warranty and Premier Tech shall not be held liable for any other
damage or loss which may have been suffered or incurred by the