Limited Warranty and Remedy
Jacuzzi Whirlpool Bath (the "Company") warrants to the original purchaser ("user"), that the enclosures and frames supplied by it shall be free from material defects in material and workmanship for a period of one (1) year after purchase by the user, provided they are installed and maintained according to the Company's recommended practices and installation instructions. The Company shall be promptly notified in writing of such defects. The sole and exclusive remedy with respect to the above warranty or with respect to any other claim relating to defects or any other condition or use of the products supplied by the company, however caused, and whether such claim is based upon warranty contract, negligence, strict liability, or any other theory, is limited to repair or replacement of such products.
The Company does not make any other representation or warranties, express or implied, but not limited to, any implied warranty of merchantability and any implied warranty of fitness for a particular purpose. (In some states limitations on implied warranties or consequential damages may not apply). IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR USE OF PROFITS.
Our warranty does not cover defects, damage or failure caused by the common carrier, installer, user, or other person, or resulting from, without limitation, any of the following: careless handling; modification of any type for any reason (including modification to meet local codes); improper installation (including not in accordance with instructions and specifications provided with the product); misuse; use of abrasive or improper cleaners; acts of God, such as lightning, floods, earthquakes, etc.
Warranty coverage is provided in the United States of America only.
Responsibilities of others include:
1.Inspecting the product prior to installation is the responsibility of the installer of building contractors who acts on behalf of the user. They are responsible for ensuring the product is free of defect or damage. Notices are placed on the product and on the shipping carton advising the installer of this responsibility. In the event of a problem, the product must not be installed. The Company is not responsible for failures of damage that could have been discovered, repaired or avoided by proper inspection prior to installation.
2.Damage occurring in transit is the irresponsibility of the carrier. The user or installer MUST open the crate and inspect the product for damage when delivered. If damage is discovered, it must be reported immediately to the seller and the carrier in writing, and an inspection requested. Failure of the carrier to respond should be reported to the seller and the carrier. Your freight claims should be filed promptly thereafter.
3.Damage occurring to the product during installation is the responsibility of the installer and/or building contractor and damage occurring thereafter is the responsibility of the user.
4.The distributor or dealer is responsible for knowing local code requirements and notifying the installing contractor and/or user of these requirements at the time of purchase. Laws and building and safety codes governing the design and use of bath enclosures vary widely. The Company does not control the selection of product configurations, operation hardware or glazing materials, and assumes no responsibility therefor. The Company is not responsible for costs to modify any product to obtain any code approval, such as city, county, or state building codes.
The company's warranty obligation shall be discharged upon tender of replacement or repair. The customer's refusal to accept the tender terminates the Company's warranty obligation.
Dealers agree to pass on to its customers and users in writing the company's Warranty and Remedy as set forth above.
