A620 Carbond Filtration Limited Performance Warranty

CONDITIONS OF WARRANTY

The Manufacturer will warrant the predicted life and performance of a specific A620 filter bed for the filtration of a specific waste stream under the following conditions:

• The predicted life of the filter bed shall be calculated by the Manufacturer based solely on information supplied by the user. The information shall include prefilter bed system information, maximum flow rates, waste stream temperatures and analytical data from a third party testing facility.

• The filter system must include a flow meter to insure the maximum flow rates will not be exceeded.

• The user must submit a test sample of the waste stream to a third party testing facility for full spectrum analytical evaluation, which said sample must represent a worst case contamination level of the waste stream.

• The user must complete and submit the required application for warranty.

• The third party full spectrum analytical evaluation must be attached to the application for warranty.

• Manufacturer may require a site inspection of the filtration system by a member of its staff or an approved agent prior to the issuance of a warranty.
• Issuance of warranty is contingent on information supplied by the user in its application for warranty. If the manufacturer determines that any incomplete or inaccurate information has been supplied on the warranty application which may have caused the warranty period to be incorrectly calculated, then the warranty shall, at the discretion of the manufacturer, either be null and void or subject to redetermination based on corrected information.

Upon Manufacturer’s receipt and approval of the application for warranty, Manufacturer shall issue a signed Certificate of Warranty of product performance subject to the following limitations and exclusions:

• The User’s sole and exclusive remedy against manufacturer for claims of or relating to the warranty shall be the replacement of product. The parties agree that no other remedy (including, without limitation, incidental or consequential damages for lost profits, fines, penalties or damage to property or any other incidental or consequential loss) shall be available to the user.

• Disclaimer of Implied Warranties. Manufacturer's limited warranty to User hereof shall be in lieu of any other warranty, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.

• The warranty shall be null and void if User has failed to pay Manufacturer for the filter bed media prior to filing a claim against the warranty.

• The warranty shall be null and void if the prefilter system has malfunctioned, or the installation and operational and / or media loading instructions have not been followed, and/ or the waste water stream has had an increase in level of contamination beyond that shown in the analytical test data.

• The warranty shall be for the prorated replacement of product based on the unused portion of the projected life of the filter media and shall not include the cost of filter media disposal, labor for the filter media change-out, vessel or system redesign, replacement of ballast or screens or any other filter media related costs.

• The warranty shall be for the removal of the following contaminants.