Performance warranty

Definitions:

“Company” Vaughan Industries Ltd
“Goods” is AquaVantage Electronic Limescale Control System(s)
“Buyer” is the Company or Person purchasing the Goods from Company

1. Company warrants that the Goods shall perform as stated in all documents provided by Company to Buyer. If within 6 months of Buyer’s receipt of the Goods, the Goods do not comply with Company’s stated claims of performance, Buyer shall have the right of rejection and Buyer shall inform Company in writing. All Goods agreed by Buyer and Company as not performing to Company’s stated claims of performance shall be returned by Buyer and Company shall refund the full purchase price of the Goods only to Buyer within 28 days of Company’s receipt of the rejected Goods.

2. Company reserves the right to rectify or replace the Goods before agreeing to accept rejection and Company shall rectify or replace the Goods, at no cost to Buyer, within a reasonable time and within 28 days anyway. If Company is unable to meet Company’s stated claims of performance of the Goods within 3 months following rectification or replacement of the Goods, Buyer shall have the right to return the Goods to Company and Company will refund the full purchase price of the Goods to Buyer within 28 days of receipt.

3. All Goods agreed as rejected by Buyer and Company shall be returned by Buyer in good and re-saleable condition.

4. It is not possible to fully evaluate Company’s claims of performance of the Goods immediately following installation of the Goods and Buyer shall not make any claim of non-performance of the Goods for a period of 3 months commencing from the date of Buyer’s receipt of the Goods.

5. Company shall reject all claims of non-performance if the Goods have not been installed strictly in accordance with the installation instructions provided with the Goods or, if Company or Company’s agent installed the Goods, the installation of the Goods has been damaged or modified without approval. Where the goods do not appear to be effective the Company reserves the right to modify the installation instructions during a claim to improve performance. The Company may reject the claim until all avenues for performance improvement have been exhausted.

6. The scope of this warranty is restricted to water and it’s constituents, which have gone to waste within 48 hours of being treated by the Goods. In the case of re-circulating and looped systems the scope of this warranty is restricted to water and it’s constituents, which pass the point of application of the Goods at least every 48 hours.

7. This performance warranty is subject to review and inspection as follows:

• a. Inspections measurements will be undertaken by the Buyer.
• b. Buyer will select a site or sites suitable for inspections and for taking of accurate measurements. Methods may include pressure measurements, frequency of fouling removal, visual (eg photographic) records and physical measurements in any combination.
• c. Buyer will undertake inspections and measurements at regular intervals and at least once a month will maintain adequate records.
• d. In the event of a claim against this warranty, Buyer shall permit Buyer’s records or inspections and measurements to be inspected and verified by Company or Company’s approved agent.
• e. Buyer shall deem the terms of this performance warranty as satisfied when inspections and measurement show prevention or reduction of hard rock adherent scale fouling within the system to which it is fitted or within 6 months of receipt of the Goods whichever is the sooner
• f. When fitted to systems that incorporate other electronic descaling equipment, it may be more difficult to show the effectiveness of the Aquavantage equipment in such cases it is secondary to a primary system.
• g. When fitted to systems using chemical treatment, chemical dosing should be reduced and the system monitored. Some chemical treatment may still be required. In such cases this performance warranty may be satisfied by a reduction in chemical needs to effect a similar result.
• h. In large installations a single Aquavantage installation may not be effective throughout the entirety of the system. In such cases a modification to the installation which could include additional secondary treatment may be required. The Buyer shall be responsible for the purchase of additional secondary treatment.
• i. Secondary treatment serves either to improve localised trouble zones, or to attempt to back up other treatments in the event of their failure.

Vaughan Industries Limited will be pleased to discuss variations to this contract and methods of measurements and provide assistance as required. Our success is based around the success of our product. It is important that where an installation is appearing to fail, Vaughan Industries Ltd are informed as early as possible, so suitable advice might be given to remedy the situation.

8. In any event the value of liability to the company will be restricted to a maximum value of the goods supplied and have no liability for other equipment or damage to other equipment whatsoever. It is thus important the customer continues to monitor the effectiveness of treatment upon their installation.

Specified Installation

The above performance warranty applies only to the specified installation(s) / application(s) referred to in the quotation to which it is attached. However, at Company’s discretion, the above warranty is transferable in the event of temporary relocation (i.e. during a plant refit) or permanent relocation in the event of plant obsolescence and re-equipment provided Buyer seeks the prior approval of Company and permits Company’s authorised representatives to inspect the proposed re-installation. Company shall not unreasonably refuse Buyer’s request to transfer this warranty.