Clearstream Wastewater Systems, Inc. warrants each component to be free from defects in material and workmanship for a period of one(1) year for new repalcement items and six (6) months on refurbished components from the date of sale to the original retail consumer . Clearstream LIMITED WARRANTY. Accessories supplied by Clearstream, but manufactured by others, are warranted only to the extent of and by the terms and conditions of the original manufacturer.
The LIMITED WARRANTY extends to the original retail consumer of the product. As herein, original retail consumer is defined as the purchaser who first has the plant installed, or in the case of a system designed for non-permanent installation, the purchaser who first uses the system. It is the purchaser obligation to make known to any other consumer the terms and conditions of this warranty.
This warranty is a LIMITED WARRANTY and no claim of any nature shall be made against Clearstream unless and until the original retail consumer, or his legal representative, notifies Clearstream in writing of the defect complained of and delivers the product and/or defective part(s), freight prepaid, to Clearstream or an authorized service station.
Clearstream reserves the right to revise, change, or modify the construction and design of the Clearstream Aerobic Treatment System, or any component part or parts thereof, without incurring any obligation to make such changes or modifications in equipment previously sold. Clearstream also reserves the right, in making replacements of component parts under this warranty, to furnish a component which, in its judgement is equivalent to the part replaced.
To the extent that the LIMITED WARRANTY statements herein are inconsistent with the locality where Purchaser used the Clearstream system, the warranties shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of these warranties from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.
In no event and under no legal theory, including without limitation, tort, contract, or strict product liability, shall Clearstream or any of its suppliers be liable to the other party for any indirect, special, incidental, or consequential damages of any kind, including without limitation, damages for loss of goodwill, or any other kind of commercial damage, even if the other party has advised Clearstream of the possibility of such damages.
