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Pool Thing 5-Year Residential Warranty

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1. state and local law This limited warranty is valid only in the United States of America and Canada and does not apply to Pool Thing units sold or installed in any other country 20110929 8 POOL THING LIMITED COMMERCIAL WARRANTY This limited warranty is applicable to all POOL THING Saltwater Chlorination systems installed for commercial use after 1 May 2008 For purposes hereof the term commercial use shall be deemed to include i use of the unit within any non residential pool including but not limited to commercial semi public and public pools and ii use of the unit as part of a residential installation where the unit is regularly operated for more than 12 hours per day for an extended time period For a commercial use APJ Corporation hereinafter referred to as APJ warrants all parts with the exception of the O ring which is a normal replacement item and excluded from this warranty to be free from manufacturing defects in materials and workmanship for a period of three years from date of purchase from APJ or an authorized Pool Thing dealer This limited warranty is subject to the following conditions and exclusions ar 10 11 12 This limited warranty shall only apply to the original purchaser and is not transferable to any subsequent purchaser assignee transferee or other recipient of the Unit In the first year of the three year warranty period APJ will repair or replace any parts in the Unit t
2. D ALL SUCH OTHER WARRANTIES ARE DISCLAIMED EXCEPT TO THE EXTENT OF ANY IMPLIED WARRANTY IMPOSED BY STATE CONSUMER LAW WHICH MAY NOT BE WIAVED UNDER THE TERMS OF AN EXPRESS LIMITED WARRANTY TO THE FULLEST EXTENT PERMITTED BY LAW ANY SUCH IMPLIED WARRANTY IMPOSED BY STATE CONSUMER LAW SHALL BE LIMITED IN DURATION TO ONE 1 YEAR FROM DATE OF PURCHASE Some states do not allow limitations on how long an implied warranty lasts prohibit the exclusion or limitation of incidental or consequential damages or impose limitations on the scope of implied or express warranties and the waivers therein that may be inconsistent with the express limitations set forth in this warranty In such states the above limitations may not apply to you or their application to you may be limited This limited warranty shall be enforceable to the fullest extent permitted by applicable federal state and local law This limited warranty is valid only in the United States of America and Canada and does not apply to Pool Thing units sold or installed in any other country 20110929
3. POOL THING LIMITED RESIDENTIAL WARRANTY This limited warranty is applicable to all POOL THING Saltwater Chlorination systems installed for residential use For purposes hereof the term residential use shall be deemed to mean use of the Unit within any pool installed for personal use at a single family home but only if the Unit is regularly operated for no more than twelve 12 hours per day IF ANY UNIT INSTALLED FOR PERSONAL USE AT A SINGLE FAMILY HOME IS REGULARLY OPERATED FOR MORE THAN TWELVE 12 HOURS PER DAY FOR ANY EXTENDED TIME PERIOD WHICH SHALL INCLUDE WITHOUT LIMITATION ANY USE OF THE UNIT FOR MORE THAN TWELVE 12 HOURS PER DAY FOR ANY PERIOD IN EXCESS OF 5 CONSECUTIVE DAYS IN ANY 60 DAY PERIOD SUCH UNIT SHALL BE DEEMED TO HAVE BEEN INSTALLED FOR COMMERCIAL USE IN WHICH EVENT THE POOL THING LIMITED COMMERCIAL WARRANTY ATTACHED SHALL APPLY TO SUCH PURCHASE AND INSTALLATION AND SHALL SUPERSEDE THE TERMS AND CONDITIONS CONTAINED HEREIN This limited warranty is subject to the following terms conditions and exclusions T 10 11 12 This limited warranty shall only apply to the original purchaser referred to herein as the Customer and is not transferable to any subsequent purchaser assignee transferee or other recipient of the Unit For a Unit installed for residential use after 1 January 2008 APJ Corporation hereinafter referred to as APJ warrants all parts with the exception of t
4. hat are confirmed to have been defective at no cost to the Customer In the years 2 3 of the warranty period APJ will repair or replace any parts in the Unit that are confirmed to have been defective provided the Customer shall be required to pay a portion equal to the Applicable Percentage as determined below for each applicable month of the Manufacturer s Suggested Retail Price MSRP for the defective part being repaired or replaced as a condition precedent to APu s obligation to repair or replace such defective part The Applicable Percentage shall be determined below Applicable Percentage 1 0000 Remaining Warranty Months 36 This limited warranty is solely for the replacement of defective parts APJ reserves the right to replace defective parts with new or refurbished parts at its sole discretion All warranty replacement parts furnished by APJ will carry a warranty against manufacturing defects for the greater of i 90 days from the date of installation or ii the balance of the original one year warranty period on the part replaced Failed parts must be returned to APJ for examination and replacement at purchaser s sole cost and expense to determine whether failure is due to manufacturer defect or other cause This limited warranty is applicable only if the unit is installed operated and maintained in accordance with the procedures outlined in the Pool Thing User s manual Failure to do so will void this limited warranty P
5. he O ring which is a normal replacement item and excluded from this warranty to be free from manufacturing defects in materials and workmanship for a period of five years from date of purchase from APJ or an authorized Pool Thing dealer subject to the Customer s satisfaction of its contribution obligation set forth in Paragraph 3 below which applies only after the first full year of the five year warranty period All warranty claims are subject to the Customer s compliance with all applicable requirements set forth in this limited warranty including the Customer s obligation to ship the unit with shipping charges prepaid to an APJ authorized service representative as described in Paragraph 9 below In the first year of the five year warranty period APJ will repair or replace any parts in the Unit that are confirmed to have been defective at no cost to the Customer In the years 2 5 of the warranty period APJ will repair or replace any parts in the Unit that are confirmed to have been defective provided the Customer shall be required to pay a portion equal to the Applicable Percentage as determined below Applicable Percentage 1 0000 Remaining Warranty Months 60 This limited warranty is solely for the replacement of defective parts as hereafter provided APJ reserves the right to replace defective parts with new or refurbished parts at its sole discretion All warranty replacement parts furnished by APJ will carry a warranty against man
6. l be void if Customer modifies the Unit in any respect including but not limited to the use of parts other than genuine Pool Thing parts APJ s authorized representative will repair or replace at its option a unit or part proved to be defective within the warranty periods and under the conditions of the warranty Warranty is void if the control unit has been tampered with there are no user serviceable parts inside The customer must arrange prepaid shipping for servicing of the warranted items or under APu s instruction after proper authorization call 1 877 NO WORRIES No packages will be accepted without an APJ issued Returned Merchandise Authorization RMA APJ is not responsible for i the removal of the unit ii damages due to such removal iii any other expenses incurred in transporting the unit or parts of the unit to or from an authorized APJ service center nor iv the reinstallation of the repaired or replacement unit or parts at customer s location All such costs shall be the sole responsibility of the consumer In no event shall APJ be liable for incidental or consequential damages of any nature or kind from damages to persons or property including any damage resulting from the use of Pool Thing with a substandard or improperly installed pool circulation system THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AN
7. ool water must be tested regularly in order to properly maintain its chemical balance Problems or equipment failures resulting from the failure to maintain pool water chemistry in accordance with guidelines set forth in the User s manual will void the warranty Customer releases APJ and holds APJ harmless from any and all claims attributable in whole or in part to their failure to comply with the foregoing guidelines concerning maintenance of pool chemistry Without limiting the generality of any of the waivers contained within this limited warranty this limited warranty applies only to equipment failures due to manufacturing defects and explicitly does not apply to any injury loss damage defect or malfunction of the unit or failure to function caused by or attributable to among other things any of the following low salinity below 4 000ppm low water temperature below 60 F 15 C copper chemical damage improper handling improper storage abuse unauthorized or improper installation unsuitable application of the unit lack of reasonable and necessary maintenance winter freezing operation not in accordance with the User s Manual failure to follow all safety instructions or precautions improper valve locations excessive pressure repairs made or attempted by anybody other than APJ or one of its authorized representatives or Acts of God The determination of the cause of any failure shall be made solely by APJ This limited warranty shal
8. per chemical damage improper handling improper storage abuse unauthorized or improper installation unsuitable application of the unit lack of reasonable and necessary maintenance winter freezing operation not in accordance with the User s Manual failure to follow all safety instructions or precautions improper valve locations excessive pressure repairs made or attempted by anybody other than APJ or one of its authorized representatives or Acts of God The determination of the cause of any failure shall be made solely by APJ This limited warranty shall be void if Customer modifies the Unit in any respect including but not limited to the use of parts other than genuine Pool Thing parts APJ s authorized representative will repair or replace at its option a Unit or part proved to be defective within the warranty periods and under the conditions of this limited warranty This limited warranty is void if the control unit has been tampered with there are no user serviceable parts inside The Customer must arrange prepaid shipping for servicing of the warranted items or under APu s instruction after proper authorization call 1 877 NO WORRIES No packages will be accepted without an APJ issued Returned Merchandise Authorization RMA APJ is not responsible for i the removal of the Unit ii damages due to such removal iii any other expenses incurred in transporting the Unit or parts of the Unit to or from an authorized Pool Thing
9. service center nor iv the reinstallation of the repaired or replacement Unit or parts at Customer s location All such costs shall be the sole responsibility of the Customer In no event shall APJ be liable for incidental or consequential damages of any nature or kind from damages to persons or property including any damage resulting from the use of Pool Thing with a substandard or improperly installed pool circulation system THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH OTHER WARRANTIES ARE DISCLAIMED EXCEPT TO THE EXTENT OF ANY IMPLIED WARRANTY IMPOSED BY STATE CONSUMER LAW WHICH MAY NOT BE WIAVED UNDER THE TERMS OF AN EXPRESS LIMITED WARRANTY TO THE FULLEST EXTENT PERMITTED BY LAW ANY SUCH IMPLIED WARRANTY IMPOSED BY STATE CONSUMER LAW SHALL BE LIMITED IN DURATION TO ONE 1 YEAR FROM DATE OF PURCHASE Some states do not allow limitations on how long an implied warranty lasts prohibit the exclusion or limitation of incidental or consequential damages or impose limitations on the scope of implied or express warranties and the waivers therein that may be inconsistent with the express limitations set forth in this warranty In such states the above limitations may not apply to you or their application to you may be limited This limited warranty shall be enforceable to the fullest extent permitted by applicable federal
10. ufacturing defects for the greater of i 30 days from the date of installation or ii the balance of the original five year warranty period on the part replaced Failed parts must be returned to APJ for examination and replacement at purchaser s sole cost and expense to determine whether failure is due to manufacturer defect or other cause This limited warranty is applicable only if the unit is installed operated and maintained in accordance with the procedures outlined in the Pool Thing User s Manual Failure to do so will void this limited warranty Pool water must be tested regularly in order to properly maintain its chemical balance Problems or equipment failures resulting from the failure to maintain pool water chemistry in accordance with guidelines set forth in the User s Manual will void the warranty Customer releases APJ and holds APJ harmless from any and all claims attributable in whole or in part to their failure to comply with the foregoing guidelines concerning maintenance of pool chemistry Without limiting the generality of any of the waivers contained within this limited warranty this limited warranty applies only to equipment failures due to manufacturing defects and explicitly does not apply to any injury loss damage defect or malfunction of the unit or failure to function caused by or attributable to among other things any of the following low salinity below 4 000ppm low water temperature below 60 F 15 C cop

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