Limited Warranty

Limited Warranty NuWhirl Systems Corp. ("NuWhirl") warrants to the original purchaser that all products will be free of material defects in materials and workmanship for a period of

Ten (10) years in the case of standard water pumps and water heaters used in residential applications;

Five (5) years in the case of Microbubble pumps and pressure tanks and non-plated plastic fittings used in all applications;

Two (2) years in the case of micrOzone used in residential applications;

One (1) year in the case of all other products including, without limitation, air blowers, electronic controls and lights, surface heaters, plastic Microbubble assemblies, plated metal or plastic fittings used in all applications, and pumps and heaters used in commercial applications;

in each case, beginning on the date of purchase. This warranty may not be transferred or assigned to anyone other than the original purchaser.

In the event of any such defect, NuWhirl may, in its sole discretion, repair or replace the defective product or refund the purchase price thereof.

To obtain warranty service, purchaser must return product to NuWhirl during the warranty period. NuWhirl will pay the freight costs for the return of any products for warranty service. Purchaser is responsible for all other costs incurred in obtaining warranty service, including, without limitation, all cost of removal and reinstallation of product. Purchaser is responsible for all freight costs for return of products not covered by warranty or returned for reason other than warranty service.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NUWHIRL'S LIABILITY, IF ANY, WHETHER ARISING FROM BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE WITH RESPECT TO ITS PRODUCTS IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PARTICULAR GOODS OR SERVICES GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL NUWHIRL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, WATER DAMAGE TO STRUCTURES OR OTHER PROPERTY.

The foregoing warranty shall not apply to any product which:

has been damaged by or subject to negligence, abuse, misuse, misapplication, improper installation, alteration or modification, water intrusion of electronic controls, chemical corrosion including chlorine, or improper maintenance;

has been used in a manner contrary to written instructions made available electronically or supplied by NuWhirl;

has been altered or repaired by anyone not either an authorized representative of NuWhirl or at the direction of such a representative;

is due to normal industry color variation;

has had the model identification or serial number removed, defaced or altered; or

requires repair or replacement due to wear and tear, including, without limitation, worn-out motor brushes.

There will be a charge for replacement or service if products are returned for any of the reasons listed above and purchaser will be responsible for all freight costs.

Products, systems, components and fixtures not supplied or manufactured by NuWhirl may be installed in connection with NuWhirl products. NuWhirl makes no warranty with respect to such products, systems, components and fixtures.

NuWhirl does not perform and does not warrant the installation (including, without limitation, plumbing and electrical hookup) of NuWhirl products or any other products, systems, components or fixtures installed in connection therewith and is not responsible and accepts no liability therefor.

NuWhirl reserves the sole authority to make any type of warranties or representations concerning NuWhirl or its products. This warrant cannot be modified except in a writing signed by an authorized officer of NuWhirl. NuWhirl will not be responsible for any warranties or representations made by any third party, including dealers, retailers, distributors, or contractors.