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This LIMITED WARRANTY
covering NESPA products is extended to the ORIGINAL PURCHASER-USER BY NESPA
ENTERPRISES Inc. (NESPA), 2800 Richter Ave. Unit E, Oroville California 95965.
NESPA products are thoroughly inspected and
tested prior to factory shipment. NESPA warrants to the ORIGINAL PURCHASER-USER
that NESPA Spas and Swim Spas will be free of defect in workmanship, accessories
and parts, provided said accessories and parts were manufactured by NESPA.
NESPA, under this LIMITED WARRANTY, warrants only that its Spas and Swim Spas
shall be structurally sound, shall retain their shape, and shall retain water
for the warranty period. NESPA warrants the adhesion of tile to fiberglass for a
period of five (5) years and structural soundness for ten (10) years. NESPA
warrants epoxy grout adhesion for a period of three years. If any such defects
appear and are reported within the warranty period, NESPA shall repair or
replace such defective parts without charge if an inspection proves the claim.
The provisions of the LIMITED WARRANTY
shall not apply to tile cracked, split, chipped or damaged after the product has
left the factory, nor damage to tile caused by freezing nor to damage, defect,
malfunction or failure to conform with the above warranty provisions where the
damage, defect, malfunction or failure to conform was caused during shipment or
by distributor or by unreasonable use by ORIGINAL PURCHASER-USER including
improper water balance and improper sand pack or support.
This LIMITED WARRANTY shall not apply to
any plumbing, equipment, or installation of spas and Swim Spas and shall not
apply to any alterations made to or upon NESPA products except alterations made
by NESPA employees or NESPA authorized representatives.
This LIMITED WARRANTY is expressly in lieu
of all other warranties expressed or implied including the warranties of
merchantability and fitness for use and all other obligations or liabilities on
NESPA'S part, and NESPA neither assumes nor authorizes any other person to
assume for NESPA any other liability in connection with the sale of this NESPA
product. This LIMITED WARRANTY shall not apply to this NESPA product or any part
thereof, which has been subject to accident, negligence, alteration, abuse or
misuse. NESPA makes no warranty whatsoever with respect to accessories or parts
not manufactured by NESPA.
The term "ORIGINAL
PURCHASER-USER" as used in this LIMITED WARRANTY shall be deemed to mean
that person for whom the NESPA product is originally installed.
The LIMITED WARRANTY provided herein and
the obligations and liabilities of NESPA hereunder are exclusive and are in lieu
of, and buyer and original PURCHASE-USER hereby waive all other remedies,
warranties, guarantees or liabilities, expressed or implied, arising by law or
otherwise (including without limitation and obligations of NESPA with respect to
fitness, merchantability, and consequential damages) or whether or not
occasioned by NESPA'S negligence.
This LIMITED WARRANTY shall not be
extended, altered or varied except by a written instrument signed by NESPA and
original PURCHASER-USER.
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