AQUASPROUTS LLC ("AQUASPROUTS") warrants to the original retail purchaser of certain specific products manufactured by AQUASPROUTS (“Product”) that it will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery following the original retail purchase (the “Limited Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, AQUASPROUTS will, at its sole and absolute discretion, either (i) repair or replace the defective Product or any component thereof; or (ii) refund the money actually paid by the original purchaser for the defective Product. If AQUASPROUTS elects to repair or replace a defective Product or components, AQUASPROUTS will repair or replace such defective Product or components with the same or an equivalent product as determined by AQUASPROUTS, in its sole and absolute discretion, free of charge. Any replacement Product or components may be refurbished or contain refurbished materials. If the Product or a component incorporated within is no longer available, AQUASPROUTS may replace the Product or component in question with a similar product or component of similar function, at AQUASPROUTS’ sole discretion. These are your sole and exclusive remedies for Product that do not conform to the above Limited Warranty. Any Product or component thereof that has been repaired or replaced under the Limited Warranty shall remain covered by the Limited Warranty for the remainder of the Warranty Period, if any. This Limited Warranty is not transferable from the original retail purchaser to subsequent owners or purchasers. This Limited Warranty shall be null and void as to any Product or components thereof that have been subjected to non-conforming use, tampering, abuse, improper installation, operation, maintenance, storage or handling, unauthorized modifications or alterations, improper voltage supply, disruptive power surges, misuse or acts of God.
Before being able to claim under this Limited Warranty, the original retail purchaser of the Product must (i) notify AQUASPROUTS in writing of the defective Product during the Limited Warranty Period by emailing firstname.lastname@example.org and return the Defective Product to AQUASPROUTS on or within thirty (30) days following the date you notified AQUASPROUTS in writing of the defective Product; (ii) comply with AQUASPROUTS’ return shipping instructions; (iii) provide proof of the original purchase of the defective Product from AQUASPROUTS or an authorized dealer.
Disclaimer of Warranties
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUASPROUTS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ITS COMPONENTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUASPROUTS ALSO LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
THE LIMITED WARRANTY DOES NOT APPLY TO PRODUCTS OR THEIR COMPONENTS MARKED AS "SAMPLE" OR SOLD “AS IS”; OR IF, AS DETERMINED BY AQUASPROUTS IN ITS SOLE AND ABSOLUTE DISCRETION, THE PRODUCT OR THEIR COMPONENTS' FAILURE WAS DUE IN ANY WAY TO DAMAGE FROM SHIPPING, HANDLING, IMPROPER INSTALLATION, TESTING, OR STORAGE; ACCIDENT, ABUSE, MISUSE, OR FAILURE TO ADEQUATELY MAINTAIN THE PRODUCT; IMPROPER VOLTAGE OR PHASE; EXPOSURE TO INCOMING POWER SUPPLY LACKING CIRCUIT BREAKERS OR FUSED PROTECTION; BREAKDOWNS, FLUCTUATIONS, OR INTERRUPTIONS IN ELECTRIC POWER, LIGHTNING, FLOOD (EITHER NATURALLY OCCURRING OR DUE TO CUSTOMER NEGLIGENCE IN THE OPERATION OF SYSTEM), OR OTHER NATURAL DISASTERS OR “ACTS OF GOD”, OR IF THE PRODUCT HAS BEEN MODIFIED, TAMPERED WITH, OR IMPROPERLY REPAIRED IN ANY WAY. UNAUTHORIZED USE CAN IMPAIR THE PRODUCT'S PERFORMANCE AND MAY INVALIDATE THIES LIMITED WARRANTY. REPAIR OF THE PRODUCT BY ANYONE OTHER THAT AQUASPROUTS OR AN APPROVED AGENT SHALL VOID THE LIMITED WARRANTY. THE LIMITED WARRANTY APPLIES ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT, PURCHASED FROM AQUASPROUTS OR AN AUTHORIZED DEALERS, AND PROOF OF ORIGINAL PURCHASE PRICE AND DATE IS REQUIRED PRIOR TO YOU RECEIVING ANY LIMITED WARRANTY BENEFITS PROVIDED HEREUNDER.
Limitation on Damages
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT SHALL AQUASPROUTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR INFORMATION OR LOST PROFITS ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT AND ITS COMPONENTS, EVEN IF AQUASPROUTS KNEW OR SHOULD HAVE KNOWN OF SUCH LOSSES PRIOR TO PROVIDING THE PRODUCT; AND AQUASPROUTS’ TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT AND ITS COMPONENTS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL RETAIL PURCHASER.
Variations That Might Apply to This Limited Warranty
This limited warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Governing Law, Jurisdiction, and Dispute Resolution
This Limited Warranty and the purchase of the Product shall in all respects be construed, interpreted, and/or enforced in accordance with and governed by the laws of the State of Texas. Other than as set forth above, you knowingly and irrevocably waive the right to bring or maintain any action, claim or proceeding in any court of law arising out of or related to this Limited Warranty or the Product. You further irrevocably waive any right to a jury trial. Any dispute arising in connection with this Limited Warranty shall be resolved.
This Limited Warranty does not extend beyond the original purchaser of the Product and may not be transferred, assigned or passed by the original purchaser. AQUASPROUTS, its subsidiaries, and affiliates are intended beneficiaries of this Limited Warranty.
This Limited Warranty constitutes the whole and complete understanding of the parties as to the obligations of the parties following sale of the Product. Any other or additional terms and conditions, including exceptions to AQUASPROUTS' terms or conditions, are deemed to be material alterations of AQUASPROUTS' offer and are rejected by AQUASPROUTS unless expressly agreed to in writing by AQUASPROUTS' authorized representative.
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