EcoTech Marine Full EcoSmart - Manual (Page 43)

Appendix
Warranty
EcoTech Marine warrants to the original purchaser only that the VorTech propeller pump will be free from defects in mate-
rial and workmanship under normal use for a period of (1) year from the date of original purchase if the product is installed
and used properly and consistent with the User Manual. The VorTech propeller pump consists of a wet side operating
unit that will be fully submerged in the aquarium and a motor and driver that must not be exposed to water at any time.
EcoTech Marine’s warranty shall not apply: (i) to any damaged VorTech propeller pump that has been subjected to ac-
cident, misuse, neglect, alteration, acts of God, improper handling, improper transport, improper storage, improper use or
application, improper installation, improper testing or unauthorized repair, (ii) to any VorTech pro¬peller pump where the
motor and/or driver have been exposed to water or (iii) to cosmetic problems or defects that result from normal wear and
tear under ordinary use, and do not affect the performance or use of the product. EcoTech Marine’s warranty applies only
to a product that is manufactured by or for EcoTech Marine and identified by the EcoTech Marine trademark, trade name
or product identification logo affixed to the product. If you notice a problem with your VorTech propeller pump, do not
attempt to repair it yourself. Any attempts at self repair shall void this limited warranty. EcoTech Marine shall not be held
liable for damage to any aquarium, aquarium life forms, or other personal objects due to improper use of the device. If the
product develops a covered defect within the one-year period, EcoTech Marine will, at its option, either repair or replace
the VorTech propeller pump without charge, provided that the VorTech propeller pump is returned during the warranty
period.
The VorTech pump operates at high temperatures and produces forces within the aquarium that can cause extreme load-
ing and fatigue. Due to this, caution must be used when installing this device on any aquarium. Because the construction
of aquariums varies from each manufacturer and the operating conditions of each indi¬vidual aquarist is different, there is
a possibility that the VorTech propeller pump may cause damage to your aquarium. Please contact your aquarium manu-
facturer to determine if your aquarium is properly built and recommended for VorTech pumps. If you notice any damage to
your aquarium, including but not limited to crazing, cracking, bending, scratching, etc, immediately discontinue the use of
the VorTech propeller pump. EcoTech Marine will not be liable for any damage caused to your aquarium resulting from the
use of the VorTech propeller pump.
To obtain warranty service or technical support, please contact EcoTech Marine’s customer service department at (610)
954-8480. You will receive instructions on how to return the product for repair or replacement. To take advantage of this
Limited Warranty you will be required to supply an original point of purchase receipt.
ECOTECH MARINE DISCLAIMS ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN, EXPRESS OR IM-
PLIED, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. NO IMPLIED WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE OR MERCHANTABILITY SHALL APPLY EXCEPT AS REQUIRED BY APPLICABLE LAW.
ECOTECH MARINE DOES NOT AUTHORIZE ANY PERSON OR BUSINESS ENTITY, INCLUDING ITS AUTHORIZED
DEALERS, TO CREATE FOR IT ANY OBLIGATIONS, LIABILITIES, OR OTHER WARRANTIES IN CONNECTION WITH
THIS PROD-UCT.
ALL WARRANTIES ARE VOID IF THERE IS DAMAGE TO THE VORECH PROPELLER PUMP THAT IS NOT A RESULT
OF A DEFECT IN THE MATERIALS OR WORKMANSHIP. THE SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS
THAT YOU MAY HAVE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS PRODUCT, WHETHER
MADE OR SUFFERED BY YOU OR ANOTHER PERSON AND WHETHER BASED IN CONTRACT OR TORT, SHALL
BE REPAIR OR REPLACEMENT OF THE PRODUCT. IN NO EVENT WILL ECOTECH MARINE BE LIABLE TO YOU OR
ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEM-
PLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY OF TO USE THE PRODUCT (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR ANY OTHER PECUNIARY LOSS, DAMAGE TO YOUR AQUARIUM OR ANY AQUARIUM INHABIT-
ANTS), OR FROM ANY BREACH OF WARRANTY, EVEN IF ECOTECH MARINE HAS BEEN ADVISED OF THE POSSI-
BILITY OF SUCH DAMAGES. IN NO CASE SHALL ECOTECH MARINE’S LIABILITY EXCEED THE AMOUNT YOU PAID
FOR THE PRODUCT. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS DO NOT USE THE VORTECH
PROPELLER PUMP.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions may
not apply to you. EcoTech Marine’s war¬ranty is governed by the laws of the Commonwealth of Pennsylvania, excluding
its conflict of laws principles and excluding the provisions of the United Nations Convention on Contracts for the Interna-
tional Sale of Goods. This warranty gives you specific legal rights, and you may also have other rights, which vary from
state to state.
43 Section 8.1