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Woter Technologies
<br />A UGSI SOLUTIONS COMPANY
<br />Seller, in writing, of any defects, nonconformance or rejection of such Products. After such seven-day
<br />period, Buyer will be deemed to have irrevocably accepted the Products, if not previously accepted. After
<br />such acceptance, Buyer will have no right to reject or revoke acceptance of the Products for any reason.
<br />7. Returns and Cancellation. Buyer may not return custom engineered Products. Buyer may return other
<br />Products only with Seller's prior written approval, which may be withheld in Seller's sole discretion. Any
<br />authorized return will be subject to payment of a restocking charge and will be allowed only if the subject
<br />Product: (i) is in new condition, suitable for resale, and (ii) has not been used, installed, modified, altered
<br />or damaged. The restocking charge for authorized returns will be no less than (x) 25% of the purchase
<br />price, net of any freight charges included in the purchase price, plus (y) 100% of freight costs incurred by
<br />Seller. Buyer is responsible for the payment or reimbursement of return freight charges. Returns will be
<br />shipped F.O.B. Seller's location. Seller may, but will not be obligated to, treat any cancellation of an
<br />accepted order as an authorized return.
<br />8. Force Majeure. Seller will have no liability for any breach caused by extreme weather or other act of
<br />God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers,
<br />failure of normal sources of supply, act of government, or any other cause beyond Seller's reasonable
<br />control.
<br />9. Warranty. Seller warrants for the Warranty Period (as defined below) that each Product is free from
<br />defects in material and workmanship and conforms to Seller's specifications applicable to the Product.
<br />Seller's warranty is transferable during the Warranty Period to the initial end-user of the Product ("Owner").
<br />Seller's warranty is conditioned on (i) Seller's verification of the alleged breach; (ii) the Product being stored,
<br />handled, installed, operated and maintained in accordance with Seller's instructions, (iii) no repairs,
<br />modifications or alterations being made to the Product other than by Seller or its authorized representatives,
<br />(iv) Buyer or Owner providing prompt written notice of any warranty claims within the Warranty Period, and
<br />(v) at Seller's discretion, Buyer or Owner either removing and shipping the Product or non -conforming part
<br />thereof to Seller, at Buyer's or Owner's expense, or Buyer or Owner granting Seller access to the Products
<br />at all reasonable times and locations to assess the warranty claims. Seller's warranty does not apply to
<br />software and does not cover damage due to (x) lightning, flood or other acts of nature or force majeure
<br />events, or failure of or inappropriate application of peripheral devices, including lightning or surge
<br />protectors, (y) installation by a person or entity other than Seller or Seller's authorized installation contractor,
<br />or (z) ordinary wear and tear. Lightning protection is recommended particularly in areas historically prone
<br />to lightning, and it is Buyer's or Owner's responsibility to properly select and install lightning protection in
<br />accordance with all applicable laws, codes and regulations.
<br />Buyer's or Owner's sole remedy for any breach of Seller's warranty is limited to Seller's choice of repair or
<br />replacement of the Product, or non -conforming parts thereof F.O.B. jobsite, or refund of the purchase price
<br />for the subject Product or part. Seller reserves the right to provide new or reconditioned replacement
<br />Products or parts. The warranty on repaired or replaced Products or component parts is limited to the
<br />remainder of the original Warranty Period. The warranty includes labor to remove and reinstall repaired or
<br />replacement Products or components for a period of 120 days after shipment of the Product; provided that
<br />(a) the defective Product was originally installed, and the repaired or replacement Products will be installed,
<br />in accordance with Seller's guidelines in effect at the time of installation; and (b) labor of divers and labor
<br />required to drain the storage tank or reservoir is excluded. After such period, Buyer or Owner shall be
<br />responsible for (i) any labor required to remove or gain access to the Product so that Seller can assess the
<br />available remedies; and (ii) all costs of installation of repaired or replaced Products or component parts. If
<br />Seller determines that any alleged damage is not covered by this warranty, Seller will charge, and Buyer
<br />will pay, Seller's normal rates for any inspection or repair performed by Seller, and for any materials
<br />provided or used in connection therewith.
<br />Phone: 866-729-6493 Email: orders@paxwater.com Web: paxwater.com
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