Warranty Disclaimer

Ecologix Environmental Systems, LLC (Ecologix) makes no express or implied warranties, including without limitation those of merchantability or fitness for a particular purpose or related to design, workmanship, materials, or otherwise, with regard to goods and products sold by, but not manufactured by, Ecologix. With regard to goods and products manufactured by Ecologix, see paragraph 8 below. Ecologix makes no other express or implied warranties with respect to such goods. Any description of goods on the face of this document is for the sole purpose of identifying them and does not constitute a warranty of any kind.

1. Acceptance of Terms. This agreement consists of the following Terms and Conditions as well as the information set forth on the face of this document. By accepting delivery of the goods shown on this document, purchaser acknowledges that he has read and agrees to all Terms and Conditions of this agreement (hereafter the “Ecologix Terms and Conditions”). If the purchaser has submitted to Ecologix a credit application, the terms and conditions contained therein are incorporated as if fully set forth herein. No Terms or Conditions herein or in the Ecologix Credit Application may be changed except by written consent of either an Officer or the Manager of Credit Services of Ecologix. Any counter offers with terms and/or conditions different from the Ecologix Terms and Conditions, and the terms and conditions accompanying or incorporated into any purchase order submitted by purchaser, are expressly rejected.
2. Terms of Payment. Unless otherwise indicated by Ecologix on the face of this document, the total purchase price reflected by this document is due and payable within 30 days. All payments hereunder must be in US dollars and made in cash or by check or money order. All invoices which are not paid within 30 days, and credit accounts which are delinquent, shall be assessed a 1-1/2% service charge (or the highest legal rate under applicable state law) for each month the invoice is not paid or the account is delinquent. No contractor or other discounts apply unless expressly set forth on the face of this document. No credit terms apply unless expressly set forth on the face of this document. Purchaser shall have no right to set-off against payment hereunder any amount which Ecologix may owe purchaser. Any sales taxes will be reflected on the face of this document and added to the total purchase price.
3. Terms of Delivery. Unless the purchaser and Ecologix agree in writing otherwise, all shipments are F.O.B. point of original shipment. The risk of loss of goods, in the event of a breach or otherwise, passes to the purchaser upon Ecologix’s delivery of the goods to the carrier for shipment. The purchaser shall provide Ecologix with the exact address of the place of delivery. Transportation charges when made freight prepaid by Ecologix will
   be charged on the invoice as freight and handling. Transportation charges in all other cases will be paid by the purchaser directly to the carrier.
4. Shortages. Shortage claims will not be considered unless made in writing within 10 days of the purchaser’s receipt of the goods. Freight shortage or damage claims must be filed with the carrier.
5. Returns. Ecologix will accept returned goods only if Ecologix shipped them from its warehouse in error, under special circumstances expressly acknowledged by Ecologix in writing, or pursuant to Paragraph 9 below.
   All return requests, other than requests pursuant to the Limited Warranty (see paragraph 8 below) must be made within 10 days of receipt of shipment and must be approved by Ecologix in writing. All written approvals will include the issuance of a Returned Goods Authorization Number. This number must be clearly marked on the outside of all cartons containing returned goods. All approved returns not caused by Ecologix’s shipping error will be subject to handling and restocking charges and must be in new, clean, resalable condition with freight prepaid. Ecologix will deduct the amount of all proper approved returns from the invoice or account of purchaser, less any transportation, restocking and/or handling charges. Ecologix will refuse and return to the purchaser any goods returned to Ecologix without prior written approval and a valid return authorization number clearly marked on each carton. Goods returned to the purchaser for failure to observe this policy shall remain the purchaser’s responsibility.
6. Non-Standard Products. Non-standard, special order or custom-made products are not subject to cancellation or return once the order has been placed by the purchaser. The purchaser shall be responsible for all costs Ecologix has incurred on any non-standard, special order, or custom order that is canceled.
7. Products not Manufactured by Ecologix. All products not manufactured by Ecologix carry the original manufacturer’s warranty (copies on request). Ecologix makes no express or implied warranties, including any warranties of merchantability or fitness for particular purpose or related to design, workmanship, materials, or otherwise, with respect to products not manufactured by Ecologix. Synergy Backwash Controller includes an 18 month warranty from shipment date.
8. Limited Warranty for Products Manufactured by Ecologix. Ecologix warrants that all products manufactured by Ecologix will be free of defects in material and workmanship, excluding paint and coatings, for a period of one (1) year from shipment date (the “Limited Warranty”). The Limited Warranty does not cover the effects of
   normal wear and tear, abuse, abrasion, corrosion, extreme temperatures and/or improper storage, installation, or use, or force majeure. The Limited Warranty is in lieu of all other warranties, express or implied, and Ecologix makes no other express or implied warranties, including any warranty of merchantability or fitness for a particular purpose, with respect to such products. The purchaser acknowledges that the Limited Warranty is Ecologix’s only warranty. No verbal agreement(s) or representations by Ecologix’s agents or employees constitute a warranty of any kind. The purchaser acknowledges that all non-standard, special order or custom-made products have been produced by Ecologix in reliance on specifications and information provided by purchaser. The Limited Warranty is for the benefit of only the original purchaser, and may not be transferred or assigned.
9. Purchaser’s Remedy under One-Year Warranty. If it becomes apparent within the one-year warranty period of the Limited Warranty that a product manufactured by Ecologix is in breach of the Limited Warranty, the purchaser must notify Ecologix promptly in writing and request return of the goods and a Returned Goods Authorization Number pursuant to paragraph 5 above. After receiving Ecologix’s approval described in paragraph 5 above, the purchaser may return such product directly to the place of shipment. Ecologix shall inspect properly returned products. If the returned products are determined by Ecologix to be in breach of the Limited Warranty, Ecologix at its own discretion shall replace or repair the returned products, free of all charges except transportation costs. The correction of any defects by repair or replacement shall fulfill all of Ecologix’s obligations and Purchaser’s responsibility, including transportation costs.
10. Events Which Void Limited Warranty. The following events or occurrences shall terminate the Limited Warranty, and shall relieve Ecologix from any further responsibility thereunder: (a) purchaser’s failure to promptly notify Ecologix of unsatisfactory operation, defects or any improper or unauthorized installation, maintenance, use, repair or adjustments; (b) the alteration or modification by any person other than Ecologix of products manufactured or supplied by Ecologix, and (c) operation of products manufactured or supplied by Ecologix in a manner other than as specified in written instructions supplied with such products by Ecologix.
11. Force Majeure. Ecologix shall not be liable for any expense, loss, or damage resulting from force majeure, including without limitation delay or prevention of performance caused by fires; floods; Acts of God; strikes; labor disputes; labor shortages; lack of or reasonable inability to obtain materials, fuel, supplies, or equipment; riots; thefts; accidents; transportation delays; an act or failure to act by the Government; a major equipment breakdown; variations in water quality or temperature; or any other cause beyond the reasonable control of Ecologix.
12. Disclaimer of Damages for Improper Use. Ecologix shall not be responsible for damage to its products, or damage caused by its products, resulting from improper installation and use, maintenance, unintended use or attempts to operate such products beyond their mechanical or electrical capacity, intentionally or otherwise, or any unauthorized repair or modification of its products.