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Aqua creek products, llc limited warranty – Activeforever Patriot ADA Compliant Portable Pool Lift User Manual

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Aqua Creek Products, LLC Limited Warranty:

Pro Pool L ift™

- 24v Battery Powered

Patriot Portable Lift

TM

Aqua Creek Products lifts have a Limited Lifetime Warranty on the frames, not including the powder coat finish.

Aqua Creek Products, LLC (a.k.a. Aqua Creek) also warrants to the original end user that all non-frame components

manufactured by Aqua Creek, when properly installed in accordance with assembly and installation instructions, and

properly used and maintained, shall be free from defects in material and workmanship for a period of five (5) years

from the date of original purchase, provided that Aqua Creek receives prompt notice in writing of any defect or

failure and satisfactory proof thereof, with the following exceptions:

Exception : All electrical components, including the linear actuator shall have the following warranty period:

Year 1-2: 100% Coverage

Year 3: 60% Coverage (Customer is responsible for 40% of replacement cost)

Year 4: 50% Coverage (Customer is responsible for 50% of replacement cost)

Year 5: 40% Coverage (Customer is responsible for 60% of replacement cost)

This warranty specifically excludes reimbursement for labor to remove, repair, or install the product and any return

freight charges.

These warranties do not cover any damages due to accident, misuse, abuse, negligence or failure to properly

maintain any products, or normal wear and tear from day to day operations. In the event that any products are

altered, repaired, or improperly installed or improperly used by anyone without the prior written approval by Aqua

Creek, all warranties are void. IMPORTANT: AMOUNT OF WEIGHT PLACED ON LIFT SHALL NOT

EXCEED THE RATED LIFTING CAPACITY OF 450 POUNDS [204 kg] FOR THE PATRIOT PORTABLE

LIFT. NEVER OPERATE THE PATRIOT PORTABLE LIFT WITHOUT WATER (DRY POOL).

To initiate a warranty claim, the owner of an Aqua Creek product must provide the place of purchase, in writing,

with a full description of the product, its serial number, the dates of purchase and installation, and the exact nature of

the defect. Within thirty (30) days after receipt of a written warranty claim by Aqua Creek, and barring any

unforeseen delays, the place of purchase will be notified of Aqua Creek’ s decision regarding the claim.

If requested by Aqua Creek, any defective product must be returned, freight prepaid, to Aqua Creek’ s designated

factory location or duly appointed distributor for inspection and/or repair. Aqua Creek will, at its option, repair or

replace the failed or defective item, and deliver the repaired product or replacement to the buyer of the product,

freight prepaid to the destination provided for in the original order. Products returned to Aqua Creek for which Aqua

Creek provides replacement under this limited warranty shall become the property of Aqua Creek.

A new warranty period shall NOT be established for the repaired or replaced products. Such products shall remain

under warranty only for the remainder of the original warranty period on the original products purchased.

This written limited warranty constitutes the final, complete and exclusive statement of warranty terms. No person

or organization is authorized to make any other specific or implied warranties or representations on behalf of Aqua

Creek.

THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, WHICH ARE

HEREBY DISCLAIMED AND EXCLUDED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE OR USE.

THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES WITH RESPECT TO THE PRODUCTS

SHALL BE LIMITED TO REPAIR OR REPLACEMENT AT AQUA CR EEK ’S DESIGNATED FACTOR Y LOCATION, OR DULY

APPOINTE D DISTR IB UTOR , OR IN PL ACE AT AQUA CR E E K ’ S OPTION. IN NO E V E NT SHAL L AQUA CR E E K ’ S L IAB IL ITY

EXCEED THE ENTIRE AMOUNT PAID TO AQUA CREEK BY THE ORIGINAL PURCHASER FOR THE FAILED OR DEFECTIVE

PRODUCT.

IN NO EVENT SHALL AQUA CREEK PRODUCTS, LLC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL,

INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS FROM ANY BREACH OF THIS LIMITED WARRANTY OR

OTHERWISE.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY

FROM STATE TO STATE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,

SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.