
Certificate of Warranty for the Premier Tech
High Performance Septic tanks
Installation guide and Owner’s manual Page 6/6 20200522
Septic tanks Item # 182065
1. PREAMBLE
Premier Tech Technologies Ltd. (hereinafter called "Premier Tech") is proud to
provide its customers with the present warranty on the high performance Septic
Tanks PST-280, PST-340, PST-390, PST-420, PST-440, PST-500 or PST-660
(hereinafter called "Septic Tank").
For the purposes of this warranty, "Customer" shall mean the person who has
acquired a Septic Tank (hereinafter called "Initial Purchaser") as well as any
subsequent purchaser (hereinafter called "Subsequent Purchaser(s)"), according
to the dispositions of section 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
The following warranty is conditional to and only applies if the Septic Tank has
been installed according to the installation, maintenance and operation
instructions as described in the Installation Guide/Owner’s Manual.
2.1. Polyethylene reservoir
Premier Tech warrants the Septic Tank’s polyethylene reservoir (parts and labour)
against any manufacturing defect for a period of five (5) years from the date of
purchase by the Initial Purchaser (proof of purchase required).
2.2. Other components
Premier Tech also warrants all other components of the Septic Tank (parts and
labour) against any manufacturing defect for a period of two (2) years from the
date of purchase by the Initial Purchaser (proof of purchase required).
This conventional warranty is given by Premier Tech to its customers in addition
to the legal warranties and 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 design or the operations of the septic Tank.
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 charges, damages or problems are excluded from the warranty:
(a) Any septic Tank emptying charges incurred to execute the present warranty.
These charges will be assumed by the Customer at the rate in force at the time of
the execution of the present warranty;
(b) Any transportation and shipping charges incurred to execute the present
warranty. These charges will be assumed by the Customer at the rate in force at
the time of the execution of the present warranty;
(c) Any damage or problem caused by a fortuitous event or “force majeure”, such
as, without limiting the generality of the foregoing, earthquake, flood, freeze,
hurricane, landslide, explosion or dynamiting;
(d) Any damage or problem caused by the fault or act of a third party;
(e) Any damage or problem arising from a defective installation of the Septic Tank
and/or of the products located upstream or downstream from the septic tank;
(f) Any damage or problem arising from any installation, modification, correction or
addition to the treatment system carried out after installation of the Septic Tank
without Premier Tech’s prior written approval;
(g) Any damage or problem if it is demonstrated that the installation, maintenance
and use of the Septic Tank have not been done in accordance with the
instructions and guidelines described in the Installation Guide/Owner’s Manual;
(h) Any damage or problem caused by the fault or action of the Customer or
Customer’s Successors;
(i) Any damage or problem, if it is found that the Customer or its Successors have
modified or changed the use of the property served by the Septic Tank 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 Septic Tank, 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 Septic Tanks 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 acknowledge the situation.
If the installation is not performed by an installer trained by Premier Tech or 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 Septic Tanks 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
Subject to the application of the provisions and exclusions provided for in this
Warranty, Premier Tech's liability and obligations regarding any corrective
measure carried out or any attempt to correct an indicated problem shall be
limited to supplying a new Septic Tank or one or several parts/components of the
Septic Tank and to supplying the required labour, if applicable.
7. LIMITATION OF LIABILITY
Premier Tech’s compensation or indemnification 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 that may have been suffered or incurred
by the Customer or any third party in connection with the Septic Tank, its parts
and/or components which originate thereof.
No additional warranty, express or implied, hence excluding any direct or indirect
consequential damages (not limited to but including third parties loss) concerning
the design, sale or use of the Septic Tank and/or services provided by Premier
Tech is hereby granted. Premier Tech’s liability under its warranty obligation shall
in no case exceed the cost of the Septic Tank.
8. TRANSFER OF OWNERSHIP
In the event of transfer of ownership, sale, assignment or disposition in any other
way of the Customer’s property to a third party, this warranty shall continue to
apply. The person proceeding to the transfer of the property, sale, assignment or
any other type of disposition, undertakes to hand over to the Subsequent
Purchaser or its Successor, the warranty certificate received upon completion of
the work, as well as the Installation Guide/Owner’s Manual.
9. INSPECTION
The Customer and/or the Customer’s Successors shall allow Premier Tech or its
duly authorized representative to carry out all necessary monitoring and inspection
as required for implementation of this warranty.
10. INTERPRETATION
The terms of this warranty shall be interpreted and governed by the law in force in
the Province of Quebec and the provisions of this warranty.
11. PRIORITY OF THE CERTIFICATE OF WARRANTY
This warranty supersedes any contract or understanding, written or verbal,
entered into between the Customer and Premier Tech. In case of contradiction
between this warranty and any other documents and/or contracts entered into
between the Customer and Premier Tech, this warranty shall prevail.
12. SUBSEQUENT PURCHASERS AND SUCCESSORS
Subject to the provisions of this warranty and of section 8 in particular, this
warranty shall continue to apply to the Subsequent Purchasers and Customer’s
Successors and shall continue to have full effect until the end of the agreed
warranty period provided for in section 2 of this certificate.