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Subject to the “limitations” set forth below, Aqua Mizer, Inc. (AquaMizer) will repair or, at its option, replace any of its products which prove to be defective in workmanship or materials under normal use for the number of years specified for each product. The warranty for each product runs from the date of purchase. During the term of its limited express warranty, and subject to the “limitations”, Aqua Mizer® will provide all replacement parts free of charge if the picture of the defected part is provided.
This limited warranty is null and void if the product has been installed by anyone who is not an Aqua Mizer® certified installer or if any repair or replacement has been undertaken by anyone other than an Aqua Mizer® certified installer.
Moreover, this warranty is null and void if the user of the product has used any toilet tank cleaner after the product has been installed.
Limitations: neither Aqua Mizer® nor any of its affiliates, subcontractors, distributors, suppliers or agents shall be liable under any circumstances for any incidental or consequential damages or any special or punitive damages, including but not limited to water damage, personal injury, loss of revenues, profits or cost savings, nor shall Aqua Mizer® be liable for any damage of any kind resulting directly or indirectly from abuse or misuse of its product.
Property: {PROPERTY NAME} Installation Date: {DATE}
Products: Aqua Mizer® Fill Valves: 10 years Aqua Mizer® Flappers: 5 years
The foregoing warranty shall not apply to defects resulting from improper use, improper installation (if not installed by Aqua Mizer®), and improper maintenance or the equipment has been misused, altered, or abused by the customer.
Limitation of Remedies: In no event, including the case of a claim of negligence, shall Aqua Mizer® be liable to any customer or any other third party for incidental or consequential or special damages, including but not limited to, loss of income or profits, loss of property, personal injury, financial or economic losses, statutory, punitive or exemplary damages, whether at law, in equity or otherwise arising out of or related to the manufacture, purchase, installation or use of any product and the sole and exclusive remedy of the dealer or any customer or any third party shall be the repair or replacement of the product at the option of Aqua Mizer®.
This exhibit is effective as of January 1, 2020, and supersedes any prior exhibits concerning the subject matter hereof.