THREE YEAR LIMITED WARRANTY
This product has been manufactured and tested to the highest quality standards by WaterSupply LLC (hereinafter, “WaterSupply”). This Limited Warranty offered by WaterSupply covers defects in material or workmanship in new 35 Gallon, 55 Gallon, 160 Gallon, 260 Gallon, 500, & 1500 Gallon water tanks sold by WaterSupply (the “Product”). This warranty extends to the original purchaser only and is non-transferable. Only customers purchasing Products from authorized WaterSupply retailers or resellers or directly through WaterSupply may obtain coverage under this warranty.
What Does This Warranty Cover?
WaterSupply warrants the Product against defects in material and workmanship only as follows:
WaterSupply will replace at no charge for parts only or, at its option, replace any Product or part of the Product that proves defective because of improper workmanship and/or material, under normal installation, use, service and maintenance. If WaterSupply is unable to provide a replacement and repair is not practical or cannot be made in a timely fashion, WaterSupply may elect to refund the purchase price in exchange for the return of the Product.
How Long Does the Coverage Last?
Should a Product be found defective within three year of delivery, WaterSupply will replace the Product (or the defective part) with a water tank of equal value.
What Does This Warranty Not Cover?
- Conditions, malfunctions or damage not resulting from defects in workmanship or material;
- Conditions, malfunctions or damage resulting from normal wear and tear, improper installation, improper maintenance, misuse, abuse, negligence, accident or alteration;
- Accessories, connected materials and products, or related products not manufactured by WaterSupply; and
- Although stripped fittings as a result of improper installation are not covered under warranty, they may be replaced at the discretion of WaterSupply.
What is the Period of Coverage?
WaterSupply, LLC, (hereinafter, “WaterSupply”) provides a three year product warranty on 35 Gallon, 55 Gallon, 160 Gallon, 260 Gallon, 500 Gallon, & 1500 Gallon water tanks sold by WaterSupply (the “Product”).
What Will We Do to Correct Problems?
If a Product is believed to be defective, you must contact WaterSupply immediately. WaterSupply reserves the right to question proper installation and request pictures of the defect if necessary. If adequate documentation of the defect cannot be provided, you will be responsible for the cost of replacement until WaterSupply can verify that a defect is found. WaterSupply reserves the right to fix any defect at the place of installation prior to providing a replacement.
How Do You Get Service?
WaterSupply will not provide any warranty coverage unless claims are made in compliance with the following terms and conditions and you follow proper return procedures:
- The request must be submitted in writing within 30 days of discovery of the possible defect (mailed certified return receipt-return receipt requested, postage prepaid);
- To request warranty service, you must provide: the sales receipt or other evidence of the date and place of purchase and the identity of the party who sold the Product to you;
- A description of the problem;
- WaterSupply reserves the right of inspection to determine validity of your claim of defective Product under the terms of this Limited Warranty. WaterSupply further reserves the right to approve and negotiate the terms of repair or replacement.
What Must You Do to Keep the Warranty in Effect?
The commitment of WaterSupply hereunder and the agreement of WaterSupply to provide the limited warranty described herein are subject to the satisfaction of each of the following conditions precedent in a manner acceptable to WaterSupply in its sole and absolute discretion:
How Does State Law Relate to This Warranty?
This Limited Warranty constitutes the complete, final, exclusive, and fully integrated statement of warranty between you and WaterSupply concerning the Product. Any action brought relating to this Limited Warranty shall be instituted and litigated in the courts of the State of Utah located in Utah County, Utah, or the Federal courts for the District of Utah in Salt Lake City, Utah. This Limited Warranty shall be governed by and construed in accordance with the laws of the State of Utah.
What are the limits on this warranty?
This warranty is limited to the Product itself and does not include accessories, delivery, installation, or removal of the Product.
This warranty shall be void to the extent of (i) any modification of a Product by any person or entity other than WaterSupply, (ii) misuse or abuse of a Product unless such misuse or abuse is perpetrated by WaterSupply or its agents, (iii) negligence or wrongdoing unless such negligence or wrongdoing is perpetrated by WaterSupply or its agents, (iv) accident, disaster or event of force majeure, (v) use of a Product in any manner inconsistent with its intended use as a water storage product, (vi) improper storage of a Product, (vii) use of a Product in combination with products, equipment or software not supplied by WaterSupply or (viii) use of a Product in combination with products supplied by others without the technical approval of WaterSupply.
This Limited Warranty shall be invalid if the buyer fails to comply with every term and condition of the Limited Warranty.
WaterSupply is in the business of selling water tanks. WaterSupply may suggest emergency preparedness practices based on common practices, experience, third party research from organizations such as FEMA and other emergency preparedness groups, and other non-professional sources. Suggested practices may or may not be suggested based on quantitative research and should be considered only as examples of optional practices. WaterSupply will not be held liable for any damages resulting from the implementation of any practices suggested on the website or by WaterSupply representatives.
THIS LIMITED WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY WATERSUPPLY CONCERNING THE PRODUCT AND IT HEREBY EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WATERSUPPLY BE LIABLE TO YOU OR ANY USER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LABOR AND ANALYSIS FEES), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON ANY CLAIM OF ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL WATERSUPPLY BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY BUYER FOR THE PRODUCT.
Custom orders (specials), used Product, incomplete Product (Product missing parts and/or a portion of original quantity; Product with damaged or missing labeling), Product not purchased from WaterSupply, expired lot or shelf-life Product, Product not returned prior to 90 days after invoice, and certain resale items are non-returnable.
For California residents only: California law also provides that for any Warranty Service for a Product, California residents have the option of returning the Product (a) to the retailer from which it was originally purchased, or (b) to another retailer that sells the same Product, among other rights and consumer protections. California residents need only supply their proof of purchaser, in each case above or to WaterSupply, for warranty service and should call WaterSupply for specific instructions. WaterSupply will only be responsible for the cost of the repair, replacement and shipping and handling for the defective Product. A retail store to which a California resident returns a Product for warranty service may then repair the Product, refer you to an independent repair facility, replace the Product or refund the purchase price of the Product less the amount directly attributed to your usage of the Product. If the above options do not result in the appropriate remedy to you, you may then take the Product to an independent repair facility if service or repair can be economically accomplished. WaterSupply and not you will be responsible for the reasonable cost of such service, repair, replacement or refund for the non-conforming Product during the warranty period.