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SERVICE WARRANTY COMPREHENSIVE COVERAGE CONTRACT
Service Contract: THIS IS NOT AN INSURANCE POLICY. This document sets forth the entire contract between the “Service Contract Provider” (Deep Blue Water Technologies, LLC), herein referred to as DBWT, We, Us, and Our, and the “Purchaser” (Customer) as You and Your. No representation, promises, or condition herein shall modify these terms. DBWT is contractually obligated to You to provide services under this contract, where in accordance with, and as allowed by state law. This contract is only good with the original owners of DBWT and as long as the DBWT remains an entity within the Whole House Water Filtration industry.
Wait Period: Customers are not required to wait period since they are purchasing the product direct from the manufacturer and all services rendered are included by the Manufacturer. DBWT will act as the agent whenever possible and process warranty under these terms and agreements. This Contract is a purchase whose date starts as outlined on the last page of this Contract and is in effect until the Contract expires.
What is Covered: We will furnish labor, parts and/or replacement equipment (or pay for the same) necessary to repair operational or mechanical breakdowns of the product specified in this Contract, provided such service is necessitated by product failure during normal customer usage. The product specified and covered includes equipment as originally configured and charged for in the Service Contract. The total liability under this Contract is the purchase price You paid for this product minus installation and sales tax proven by receipt. Liability excludes the Service Contract price. In the event We replace the Product with a comparable Product or reimburse You for the original purchase price minus claims We may elect, at Our option, to buy out the Contract during the coverage term for the total retail price minus claims paid, installations costs, state and federal sales tax and shipping costs.
Accidental Damage from Handling (ADH): ADH pertains to You when You are involved in the movement on the covered equipment or Products. We will take responsibility for ADH at the time of delivery or any time We are involved in moving this equipment Whether we are shipping or render in service. Misuse, theft, mysterious disappearances, misplacement, reckless, abusive, willful or intentional conduct associated with handling the use of the Product or severe weather conditions which cause damage to any of the Product are not covered under this expressed Contract. Cosmetic damage and/or other damage that does not affect the unit’s functionality are not covered in this Service Contract.
Important Note: Repairs recommended by the repairing facility not necessitated by mechanical breakdown are not covered unless specifically authorized in writing by Us. We reserve the right to inspect the items to be covered, or items to cover, as the case may be, prior to coverage or during coverage period. Model number, serial number and original purchase date with accompanying receipt of all the items to be covered must be provided to execute application for service. If You request a service call for a non-covered repair, You will be responsible for all costs associated with the repair. In the event You are unable to meet the Technician, You must call to cancel the appointment 8 hours in advance of the agreed upon time of service. You may be responsible for paying the second trip charge for the subsequent rescheduled repair. If the product is deemed to perform at the manufacturers recommended standards, You will be notified of the standard and where the Product measures and if the product needs to go back to the manufacturer, We will pay the freight unless the product meets the standards and then the Customer will pay the freight.
Service Hours: Service will be performed between the hours of 8:00 am and 5:00 pm Mountain Time Monday through Friday, excluding holidays. Service appointments will be conducted on a first come first serve basis.
Place of Service: Service will be provided by a manufacturer authorized technician whenever possible. We will make every effort to find a trained technician of the specified manufacturer but we reserve the right to send in a qualified technical person when a fully trained technician is unavailable. After we authorize Your claim, We will arrange for a Service Contractor to contact You who will communicate with Us and get reasonable parts and labor approved under this Service Contract. You may be required to show proof of purchase as a condition of receiving service. Your receipt should be kept with this Service Contract in a safe place. On-Site service will be provided for all of our Products unless mechanical failure exceeds technician’s capabilities and it has to be sent back to the manufacturer for service. We will provide service within a 100 mile radius of our manufacturing plant in Gilbert, AZ or find an authorized provider who can execute repair. If we cannot locate a reputable repair technician DBWT will absorb the costs associated with any shipping and handling under these circumstances only.
Parts and Subcontracting: Parts used to repair equipment may be new or refurbished at Our sole option. Service may be performed by subcontractor. At no time is DBWT responsible for the Subcontractor’s technician damage caused by negligence or accident on Customers property or to Product. This is the sole responsibility of the Subcontractor. We make every effort to make sure Subcontractors are bonded and insured for Your protection but if a Subcontractor allows their insurance or bond to lapse we accept no responsibility for their negligence of such practices. Replacement parts are supplied free of charge for the warranty period, however, freight is the responsibility of the home owner if shipping of a component is required.
Unavailability of Functional Parts or Technical Information: If We determine that We are unable to repair Your equipment due to the unavailability of functional parts, service or technical information, the total liability owed to You under this contract will be the purchase price You paid less claims made, sales tax, shipping and Service Contract price. In the event Your Product is replaced, We will determine equipment comparability. We reserve the right to offer reimbursement for the current a market value of the equipment, less claims made, in lieu of service or replacement of the equipment. In all cases where parts or technical information are on extended backorder, We will determine if a replacement or reimbursement will be made. All contractual obligations are fulfilled upon replacement reimbursement or contract term expiration.
Deductible: Only applies to Customers who have more than three service calls over a period of one consecutive year from each Service call incident. The deductible is the same as the Service call cost please call ahead for pricing in Your area.
Limitations of Coverage: THIS CONTRACT DOES NOT COVER
1. All equipment located outside the United States
2. Service provided due to any alteration of the equipment, or repairs made by an unauthorized DBWT Service Provider, its agents, distributors, contractors or licensees, or the use of supplies other than those recommended by manufacturer.
3. Damage or other equipment failure due to causes beyond our control including, but not limited to, repairs necessary due to operator negligence, the failure to maintain, use, or transport the equipment according to the owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, unusual atmospheric conditions, or acts of war or acts of God.
4. Service necessary because of improper storage, improper ventilation, reconfiguration of equipment, and failure to place the equipment in an area that complies with manufacturer’s published space, installation requirements or environmental requirements.
5. Any utilization of the equipment that is inconsistent with either the design or the equipment or the way the manufacturer intended the equipment to be used. Any installation that prevents normal service. Any and all cases in which the manufacturer of the equipment would not honor any warranty regarding the equipment.
6. In warranty parts not shipped or provided by manufacturer. Operational or mechanical failure covered by manufacturers warranty or recall, improper construction, or factory bulletins. Defects in equipment due to manufacturer’s error or improper construction of the equipment.
7. Operational or mechanical failure covered by an alternative insurance policy. In this case this policy will cover only the deductible.
8. Operational or mechanical functionality issues not reported prior to term expiration of this Contract.
9. Equipment sold as is or marked down due to damage. Refurbished equipment sold without a manufacturer’s warranty.
10. Normal, period or preventative maintenance or customer education and/or cleanings.
11. Consequential damage to any surrounding components or other items being used when malfunction occurred.
12. Equipment where serial plate is removed, defaced, or made illegible.
13. Payment for subsequent Service calls, which result in “no failure found” diagnosis caused by any number of issues. Subsequent service calls for same issue will be paid by Customer.
14. Equipment over 10 years old.
15. Damage to tank housing during shipping, installation, or repair.
No Lemon Guarantee: When three consecutive Service Calls required to repair the same component, and the same condition requires a fourth repair, as determined by Us, Your Product will be replaced at no cost to You with Product of like grade and quality as determined by Us, not to exceed the original purchase price. This does not include repairs necessary during manufacturer’s warranty period. Once you have received your Product replacement all contractual obligations under this contract have been fulfilled.
Cancellation and Refund: You may cancel this Contract for a full refund in the first Thirty (30) days from the proof of purchase date on Your sales receipt less any claims. If You wish to cancel this Contract thereafter, You will be refunded the remaining days on a prorated basis, less costs related to any claims made on contract service (if applicable) and installation fees. You nor Us are obligated to renew this Contract beyond its term as defined at the end of this agreement. If you wish to renew the Contract and the equipment is less than 10 years old contact the phone number included in this Contract.
State Variations: Certain states have specified conditions as a requirement of said agreement. DBWT will comply with all state mandated laws regarding Service Contracts.
Transferability: This Contact is made between the original Purchaser and DBWT. A new owner may opt to contact us at the number included in this Contract for continuation of the service on same equipment. Certain states have specific conditions as a requirement of said agreement. DBWT will comply with all state mandated laws regarding Service Contracts.
Coverage and Term: This is not an Insurance Policy. As the Administrator, DBWT will assist You in understanding Your warranty coverage benefits from the date of purchase throughout the contract term. If Your Product needs repair for operational or mechanical failure, You are required to call the phone number included in this Contract or submit Your claim in writing to the address included in this Contract. With any correspondence, please provide the problem with the performance of the equipment, your entire daytime phone number, email address, and claim number so proper follow-up can occur.
Entire Contract: This is the entire Contract and no other oral modifications are valid.
Limitations of Liability: The maximum collectable under this contract is the price You paid for the item minus installation, service call parts and fees, taxes, and shipping. |
