Warranty

TRIPLE CLEAR WATER SOLUTIONS • 1 Little West 12th Street • New York, NY 10014 • [e-mail]
tripleclear.com
STANDARD LIMITED WARRANTY AND BUYER’S SOLE REMEDY
SUBJECT TO BUYER’S OBLIGATION TO: I) EXAMINE THE GOODS AND II) PROMPTLY PROVIDE WRITTEN OBJECTION TO ANY ALLEGED
NON-CONFORMITY (AS SET FORTH IN PARAGRAPH 5 ABOVE), TCWS WARRANTS THAT ANY GOODS PURCHASED BY BUYER, IF HANDLED IN
STRICT COMPLIANCE WITH MANUAL REQUIREMENTS, ARE PROPERLY INSTALLED, MAINTAINED, USED AND APPLIED, ARE NOT SUBJECT TO
ABUSE, NEGLECT, ALTERATION OR IMPROPER HANDLING, SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND SHALL
NOT LEAK OR OTHERWISE HAVE ANY PHYSICAL DEFECT FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM ARRIVAL AT POINT OF DELIVERY
OR TWELVE (12) MONTHS AFTER INITIAL USE OF THE WATER FILITRATION SYSTEM, WHICHEVER EXPIRES FIRST. TO THE EXTENT THAT ANY
GOODS ARE DEEMED NON-CONFORMING BY TCWS, TCWS, IN ITS SOLE DISCRETION, MAY ELECT TO REFUND, REPAIR OR REPLACE ANY
NON-CONFORMING PORTION OF THE GOODS. THIS WARRANTY IS THE ONLY WARRANTY MADE BY TCWS WITH RESPECT TO THE GOODS AND
NO REPRESENTATIVE OR PERSON IS AUTHORIZED TO BIND TCWS FOR ANY OBLIGATIONS OR LIABILITIES BEYOND THIS WARRANTY IN
CONNECTION WITH THE SALE OF TCWS’ GOODS. THIS WARRANTY IS MADE TO THE ORIGINAL PURCHASER ONLY AT THE ORIGINAL LOCATION
AND IS NONTRANSFERABLE, AND MAY ONLY BE MODIFIED OR AMENDED BY A WRITTEN INSTRUMENT SIGNED BY A DULY AUTHORIZED
OFFICER OF TCWS. GOODS THAT ARE REPLACED OR REPAIRED UNDER THIS WARRANTY ARE WARRANTED ONLY FOR THE REMAINING
UNEXPIRED PORTION OF THE ORIGINAL WARRANTY PERIOD APPLICABLE TO THE SPECIFIC PRODUCT. ALL GOODS THAT BUYER CONSIDERS
NON-CONFORMING SHALL BE RETURNED TO TCWS. THE RISK OF LOSS OF THE GOODS SHIPPED OR DELIVERED TO OR FROM TCWS FOR
REPAIR OR REPLACEMENT WILL BE BORNE BY BUYER. IF IT IS FOUND THAT ANY GOODS HAVE BEEN RETURNED WITHOUT CAUSE, BUYER
WILL BE NOTIFIED, AND THE GOODS SHALL BE RETURNED AT BUYER’S EXPENSE.
PERFORMANCE STANDARDS. SUBJECT TO THE STANDARD LIMITED WARRANTY AND THE SOLE REMEDY PROVIDED THEREBY, AND
SUBJECT TO THE GOODS BEING HANDLED IN STRICT COMPLIANCE WITH MANUAL REQUIREMENTS, ARE PROPERLY INSTALLED, MAINTAINED,
USED AND APPLIED, ARE NOT SUBJECT TO ABUSE, NEGLECT, ALTERATION OR IMPROPER HANDLING, TCWS WARRANTIES THE GOODS WILL
GENERALLY SATISFY FILTRATION STANDARDS STATED BY TCWS ON THE INFORMATION SUPPLIED IN THE PACKAGING OF THE GOODS SOLD.
BUYER ACKNOWLEDGES, UNDERSTANDS AND ACCEPTS THAT REPRESENTATIONS OF PERFORMANCE STANDARDS ARE BASED UPON USE
AND EVALUATION OF THE GOODS BY AN INDEPENDENT, CERTIFIED LABORATORY UNDER IDEAL CONDITIONS. WARRANTY CLAIMS BASED
ON PERFORMANCE SHALL BE EVALUATED AND DETERMINED BY TCWS, IN ITS SOLE DISCRETION, TAKING INTO ACCOUNT ANY VARIATIONS
ASSOCIATED WITH THE USERS SPECIFIC HANDLING, INSTALLATION, MAINTENANCE AND USE OF THE GOODS COMPARED TO THE CERTIFIED
LABORATORY CONDITIONS. ANY PERFORMANCE CLAIMS APPROVED AND ACCEPTED BY TCWS ARE SUBJECT TO THE SOLE REMEDY OF
REPAIR, REPLACEMENT OR REFUND AND ARE FURTHER SUBJECT TO EXCLUSION OF WARRANTIES AND LIMITATION OR REMEDY PROVISIONS
IN THESE TERMS AND CONDITIONS.
9. EXCLUSION OF ALL OTHER IMPLIED AND EXPRESS WARRANTIES. EXCEPT AS PROVIDED IN THIS STATEMENT OF TERMS AND
CONDITIONS, TCWS DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OR TITLE FOR ANY GOODS
PURCHASED BY BUYER. REPAIR, REPLACEMENT OR REFUND OF ANY DEFECTIVE GOODS OR ANY NON-CONFORMING PORTION OF THE GOODS
CONSTITUTES BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING HEREUNDER OR RELATING HERETO WHETHER
ASSERTEDLY BASED IN CONTRACT, WARRANTY, TORT OR OTHERWISE. TCWS MAKES THIS LIMITED WARRANTY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS AND IMPLIED, WHICH ARE HEREBY DISCLAIMED. TCWS SHALL NOT BE RESPONSIBLE TO BUYER OR ANY OTHER
PARTY UNDER THIS LIMITED WARRANTY FOR FIT OR COMPATIBILITY WHEN THE GOODS ARE USED WITH PRODUCTS OF ANOTHER
MANUFACTURER. ALL ORAL AND WRITTEN COMMUNICATIONS PROVIDED BY TCWS IN RELATION TO THE GOODS ARE SUBJECT TO THE
FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES CONTAINED HEREIN, WHICH REPRESENT A REASONABLE
ALLOCATION OF RISKS BETWEEN TCWS AND THE BUYER, WHICH ALLOCATION IS REFLECTED IN THE PURCHASE PRICE FOR THE GOODS.
BUYER’S SOLE REMEDY IS UNDER THE LIMITED WARRANTY.
10. LIMITED REMEDIES AND CLAIM SUBMISSION. In no event will TCWS be responsible for damages, if any, caused by improper handling,
storage, application, or use of the Goods after TCWS ceases to have custody, possession, or control thereof. All warranty claims must be
made in writing immediately after discovery any breach thereof and, in any event within eighteen (18) months from the date of delivery to
the point of destination, or twelve (12) months after initial use of the water filtration system, whichever expires first. Goods that are the
subject of warranty claims must be held for TCWS’ inspection. Upon Buyer’s objection or submission of a claim, as provided above, and upon
reasonable investigation of the claim by TCWS, including opportunity to examine and/or test the Goods (at TCWS’ election), TCWS shall at its
option either (i) repair or replace any non-conforming portion of the Goods or (ii) refund the purchase price for any portion of the
non-conforming Goods. In no event shall TCWS be liable for more than the total purchase price for any non-conforming portion of the Goods.
11. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND OTHER DAMAGES. OTHER THAN PROVIDED BY THE LIMITED WARRANTY, BUYER
AGREES THAT UNDER NO CIRCUMSTANCES WILL TCWS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT OR INDIRECT
OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL REMEDIATION, CLEANUP OR CONTAINMENT COSTS, LABOR
COSTS, REWORK CHARGES, LOST PROFITS, LOST BUSINESS OR LOST GOODWILL, EVEN IF TCWS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BUYER FURTHER AGREES THAT THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS
AGAINST BUYER.