Bushman Water Harvesting Corporation (dba Bushman USA) Limited Warranty
BUSHMAN WATER HARVESTING CORPORATION (dba Bushman USA) (Seller) warrants its water storage tanks sold in the United States against defects in materials or workmanship for five (5) years from the date of purchase. The Limited Warranty is dependent upon installation in accordance with Seller's specifications and the use of Seller's components, accessories and designated application practices exclusively. If a defect is discovered in normal use of a tank in the manner intended, Seller will, at its sole election, repair or replace the tank. In no event will Seller's responsibility exceed the purchase price of the tank received by Seller. Additional requirements or terms of this Limited Warranty are:
1. The Limited Warranty extends to the original purchaser only and is not transferable by operation of law or otherwise.
2. The Limited Warranty is limited to the repair or replacement of the tank, at the sole discretion of Seller. Seller is not liable for any damage to property or any other associated costs that may occur when repair or replacement of the tank is carried out. Repair work is undertaken at ground level, so tanks that are located on stands must be brought down to ground level before Seller can commence repair work.
Note that expenses such as landscaping, plumbing, electrical, costs of lifting equipment and hire of additional labor are at purchaser's expense. Bringing tanks down from stands for repair work is also at the purchaser's expense.
3. The Limited Warranty does not apply to the tank color, which may in time fade or change.
4. The Limited Warranty applies to the one piece polyethylene structure of the tank and does not extend to fittings such as the strainer, outlet, valve, tap, overflow or any other fittings, accessories or ancillary components. Some fittings, accessories and ancillary components are covered under a separate limited warranty program, which is available upon request.
5. The Limited Warranty on water tanks is for the storage of water only, at a water temperature not exceeding 73°F/23°C. The Limited Warranty does not apply to tank damage due to freezing.
6. The Limited Warranty on water tanks is for storage of water on the site only. Transporting water in water tanks voids the Limited Warranty.
7. The Limited Warranty is void and will not be binding upon Seller in the event of damage to unsecured tanks through blowing away, or by abuse, improper installation, unsound base, or unauthorized modifications to the tank.
Note that all installation instructions must be followed and in particular the fitting of flexible hoses.
8. Seller must be notified of any defect or fault (using a Seller-approved claim form) within seven (7) days of it occurring. Seller must be given the opportunity to inspect the tank within thirty (30) days of such notification, otherwise the Limited Warranty is void.
9. THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY SELLER AND IS IN LIEU OF, AND SELLER DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (III) ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, OR BY STATUTE OR OTHERWISE FOR ANY NONCONFORMANCE, DEFECT, DEFICIENCY, FAILURE, MALFUNCTION OR FAILURE TO PERFORM, (IV) STRICT LIABILITY OR PRODUCT LIABILITY, AND (V) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER.