Limited Warranty and Refund Conditions
1. AQUA SENTRY OF SCOTTSDALE, INC., dba "Swimming Pool Service & Repair" warrants all new products manufactured or assembled by SWIMMING POOL SERVICE & REPAIR to be free from defects in materials to the original purchaser for a period of (1) year. Used or rebuilt parts or equipment installed by SWIMMING POOL SERVICE & REPAIR are warranted to be free of defects in material for a period of 30 days.
2. SWIMMING POOL SERVICE & REPAIR expressly limits its warranty relating to all parts, materials, and equipment not of its own manufacture to the warranty actually extended to SWIMMING POOL SERVICE & REPAIR by its supplier.
3. This warranty is extended to initial purchasers during the applicable period of the warranty.
4. WARRANTY CLAIM PROCEDURE AND LIMITATIONS.
A. Claim Procedure
If any materials, or equipment prove to be defective within the applicable warranty period, SWIMMING POOL SERVICE & REPAIR shall replace the materials free of charge provided that (1) written notice of the defect is given to SWIMMING POOL SERVICE & REPAIR, 2142 E Jefferson Street, Phoenix, Arizona 85034, within the time periods specified above and (2) all sums due SWIMMING POOL SERVICE & REPAIR by the owner have been paid in accordance with the payment provisions contained in the purchase contract. For any designated material, equipment, products, method of construction, installation, or service identified by specific brand or trade name. SWIMMING POOL SERVICE & REPAIR reserves the right to substitute and furnish another material, equipment, product, method of construction, installation or service comparable quality or utility.
The warranty shall start from the date of the invoice, PROVIDED, HOWEVER, THAT OUR LIABILITY UNDER SAID WARRANTY SHALL BE EXPRESSLY LIMITED TO REPAIRING OR FURNISHING OUR REPLACEMENT (LABOR NOT INCLUDED), FREE OF CHARGE, F.O.B. POINT OF MANUFACTURER, ANY PART OF ANY SUCH PRODUCTS THAT PROVES TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL, AND PROVIDED REASON OF SUCH DEFECT OR DEFECTS, SHALL BE PROVEN TO HAVE BEEN USED FOR THE PURPOSE AND IN THE MANNER FOR WHICH IT WAS MANUFACTURED AND NO OTHER.
C. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PATICULAR PURPOSE, TO THE EXTENT THEY ARE APPLICABLE ARE LIMITED ON THE TIME PERIODS SET FORTH ABOVE.
D. SWIMMING POOL SERVICE & REPAIR will not be responisble for damage to any materials or equipment caused by surface or subterranean drainage under or around the pool or resultingfrom any natural cause or act of God or earthfill movement or disaster such as explosions, wrecking and the like, ordinary wear, damages caused by the elements, unusual abuse, neglect, incorrect operation, and lack of care of the pool or any equipment.
E. SWIMMING POOL SERVICE & REPAIR WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTALDAMAGES OF ANY KIND WHETHER BASED UPON WARRANTY, CONTRACT OR NEGLIGENCE,
F. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, APPLICABLE TO THE INSTALLATION OF EQUIPMENT OR SERVICE WORK EXCEPT AS EXPRESSLY STATED HEREIN.
5. SWIMMING POOL SERVICE & REPAIR DOES NOT ASSUME ANY LIABILITY FOR ANY WORK PERFORMED BY OTHERSOR WORK PERFORMED BY THE PURCHASER AND NOT A PART OF THIS CONTRACT..