Axiall, a Westlake Company ("Axiall") warrants (subject to the below conditions) only its title to this water treatment system equipment (the "System") and that the System will be free of defects in materials and workmanship for a period of twelve (12) months from its original installation date. THIS IS THE ONLY REPRESENTATION OR EXPRESS WARRANTY THAT AXIALL MAKES AND ALL OTHER EXPRESS WARRANTIES UNDER STATUTE OR ARISING OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SYSTEM ARE DISCLAIMED. ANY IMPLIED WARRANTIES EXISTING AS A MATTER OF LAW SHALL NOT EXCEED THE DURATION OF THIS LIMITED WARRANTY. IN THE EVENT THE SYSTEM FAILS TO CONFORM TO THIS WARRANTY, AXIALL'S EXCLUSIVE OBLIGATION AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO, AT AXIALL'S OPTION, THE FURNISHING OF NEEDED REPLACEMENT PARTS OR THE FURNISHING OF A NEW SYSTEM (BUT THIS DOES NOT INCLUDE INSTALLATION OR THE COSTS FOR INSTALLATION). EXCEPT AS PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE, IN NO EVENT WILL AXIALL BE LIABLE UNDER ANY THEORY OF RECOVERY (WHETHER BASED ON NEGLIGENCE OF ANY KIND, STRICT LIABILITY OR TORT) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO ANY USE MADE OF THE SYSTEM.
Warranty Conditions. This Limited Warranty shall apply and be effective only if: (i) the Axiall Chlorinator Warranty Registration information has been completed within thirty (30) days of the customer’s receipt of the system via the Internet at http://www.accu-tab.com/WarrantyRegistration.aspx; (ii) the System is installed and operated and maintained in accordance with this manual and the instructions accompanying the System; (iii) you, at your cost, promptly return the System or defective part to such location as may be specified by Axiall; and, (iv) only Axiall's Accu-Tab® Blue SI calcium hypochlorite tablets are used in the System. If any of these conditions are not met, this Limited Warranty will not apply and you acknowledge and agree that your purchase of the System will be on an "AS-IS" basis without any warranty of any kind whatsoever having been provided by Axiall.
You assume all responsibility and risk and liability arising from: (i) the unloading, installation, storage, handling and use of the System, including use thereof alone or in combination with other materials; (ii) the improper functioning or failure of unloading, installation, transportation or storage equipment you use, whether furnished or recommended by Axiall or not; and, (iii) the failure to comply with laws, rules and regulations governing storage, unloading, installation, handling, and use of the System. You will indemnify, hold harmless, and defend Axiall from and against any claim, suit, damage, cost, expense, fine, liability, or cause of action whatsoever, including reasonable attorney fees, on account of relating to, or arising out of the use, possession, installation or resale of the System.
This Limited Warranty gives you specific rights, and you also may have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.