Warranty Terms and Conditions
Peace of Mind with Clarity
Clarity AquaTech Ltd. (hereinafter called "Clarity AquaTech") is proud to provide its customers with a Clarity Biofilter system guaranteed by a comprehensive peace of mind warranty.
For the application and interpretation of this Warranty, "Customer" shall mean the person who has purchased a Clarity Biofilter (hereinafter called 'Initial Purchaser'), for an installation, as well as any subsequent purchaser (hereinafter called 'Subsequent Purchaser(s)'), in accordance with the provisions of section 8 of this Warranty. "Successor(s)" shall mean any other person entitled to exercise the same rights as the Customer under the law.
2. NATURE OF THE WARRANTY
Labour for repairs required by this warranty are guaranteed for twelve months, from the date of purchase by the Initial Purchaser (proof of purchase required).
2.2. Mechanical Parts
All mechanical parts included with the Clarity Biofilter are guaranteed for eighteen months or the period of the component manufacturer's warranty (parts only), from the date of purchase by the Initial Purchaser (proof of purchase required).
Clarity AquaTech's conventional Warranty is expressly limited to the text of this Certificate and valid provided the Clarity Biofilter was installed in accordance with applicable regulations and with the manufacturer's recommendations.
For this Warranty to be valid, the Customer must notify Clarity AquaTech in writing immediately upon the appearance of any indication of an anomaly or irregularity in the Clarity Biofilter. Such notice shall be emailed to email@example.com or mailed to Clarity AquaTech's office at 180 Southern Shore Highway, Witless Bay, Newfoundland, A0A 4K0, CANADA. Upon receipt of this notice, Clarity AquaTech shall examine the situation and, if necessary, take appropriate corrective measures in accordance with the terms of this 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, an earthquake, a flood, frost, hurricane, landslide, explosion or dynamiting;
(b) Any damage or problem caused by the fault or act of a third party including, without limiting the generality of the foregoing, the execution of landscaping work;
(c) Any damage or problem arising from a defective installation carried out by a person not trained by Clarity AquaTech;
(d) Any damage or problem arising from any installation, modification, correction or addition to the treatment system carried out after installation of the Clarity Biofilter without prior written approval from Clarity AquaTech;
(e) Any damage or problem caused by the use of a septic tank that does not comply with the applicable regulations and/or with Clarity AquaTech's specifications, as described in the Installation and Owner's Manuals;
(f) Any damage or problem, if it is shown that the usage of the Clarity Biofilter was not in accordance with the instructions and guidelines described in the Owner's Manual;
(g) Any damage or problem, if the servicing of the Clarity Biofilter was not carried out by a person authorized by Clarity AquaTech, in accordance with the Service Plan Agreement;
(h) Any damage or problem caused by an omission or act of the Customer or the 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 the Customer's Successors have modified or changed the use of the property serviced by the Clarity Biofilter 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 by and/or resulting from the work carried out to access to the Clarity Biofilter, including, without limiting the generality of the foregoing, excavation, snow removal or demolition;
(k) Any damage or problem resulting from condition of the site or of the soil and not reported or not properly reported to Clarity AquaTech by the Customer or the person undertaking 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 Clarity Biofilter sold to him, or attempt to carry out any work or to apply any corrective measures whatsoever to said work, before notifying Clarity AquaTech in accordance with the provisions of section 3 of this Warranty and before Clarity AquaTech has visited the site, within a reasonable time following receipt of said notice, to assess 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 Clarity Biofilter sold to him without prior authorization by Clarity AquaTech, this Warranty shall be considered null and void and Clarity AquaTech 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, Clarity AquaTech's liability and obligations regarding any corrective measure carried out or any attempt to correct an indicated problem shall be limited to replacing the filtering media and/or one or several components of the Clarity Biofilter and to supplying the required labour, if applicable.
7. LIMITATION OF LIABILITY
Clarity AquaTech's compensation or indemnification obligation shall be limited to the provisions of section 6 of this Certificate of Warranty and Clarity AquaTech 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 Clarity Biofilter, 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 Clarity Biofilter and/or services provided by Clarity AquaTech is hereby granted. Clarity AquaTech's liability under its warranty obligation shall in no case exceed the cost of the Clarity Biofilter.
8. TRANSFER OF OWNERSHIP
In the event of transfer of ownership, sale, assignment or disposal in any way whatsoever of the Customer's property to a third party, this Warranty shall continue to apply if and only if the Subsequent Purchaser or the Successor confirms, by forwarding the attached -Notice of New Property Owner - to Clarity AquaTech within a reasonable time, that he/she is the new owner of the property, he/she understands and is aware of the content of this Certificate of Warranty and accepts its terms and conditions. The person who proceeds with the transfer, sale, assignment or disposal of any way whatsoever of the property undertakes to hand over to the Subsequent Purchaser or the Successor the Certificate of Warranty provided upon completion of the work, as well as the Owner's Manual for the Clarity Biofilter. Failure to abide by the terms and conditions of section 8 of this Certificate of Warranty may, at Clarity AquaTech's discretion, render it invalid or to be rejected.
The Customer and/or the Customer's Successors shall allow Clarity AquaTech or its duly authorized representatives to carry out all necessary monitoring and inspections, as required, for implementation of this Warranty.
If the Customer and/or the Customer's Successors notify Clarity AquaTech of an alleged defect or malfunction of the Clarity Biofilter and that, after inspection, it is found that no such defect or malfunction exists, or, that such defect or malfunction is excluded from or does not apply to the Warranty, a minimum charge of $199.00 plus direct expenses and applicable taxes shall be paid by the Customer and/or the Customer's Successors for the cost of the inspection.
The terms and conditions of this Warranty shall be interpreted according to and governed by the provisions of this Warranty and the legislation in effect in the Province of Newfoundland & Labrador.
11. PRIORITY OF THE CERTIFICATE OF WARRANTY
This Warranty supersedes any contract or understanding, written or verbal, entered into between the Customer and Clarity AquaTech. In the event of contradiction between this Warranty and any other documents and/or contracts entered into between the Customer and Clarity AquaTech, this Warranty shall prevail.
12. PURCHASERS AND SUCCESSORS
Subject to the provisions of this Warranty and especially those of section 8, this Warranty shall continue to be valid for Subsequent Purchasers and Successors and shall continue to have full effect until the end of the agreed Warranty period provided for in section 2 of this Certificate.