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Bionest SA-3 - Ownership Transfer and Final Clauses

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Owner’s manual SA 2021-06-07
DOC0014
24
6
Particular exclusions
It is further expressly understood that the client may not carry out any repair or intervention
on the BIONEST® system, nor attempt to carry out any work whatsoever towards any corrective
measure whatsoever to the system, according to provisions of this warranty certificate and before
Bionest has visited the installation to assess the situation and authorize the intervention. This
disposition does not apply to the cleaning of the aerator (air pump) filter, cleaning of the effluent
filter, nor to the primary treatment (septic tank) emptying and sludge measurement, as indicated
in the owner’s manual and/or in the ministère de l’Environnement regulations.
If the client carries out, attempts to carry out, or causes to be carried out any repair or any
corrective measure whatsoever to the BIONEST® system, without prior authorization from Bionest,
the present warranty shall be considered as null and void. Bionest will thus be considered as
completely discharged from all obligations under this warranty.
Indemnities and damages
The liability and obligations of Bionest under this warranty certificate for corrective measures
and/or means of correcting a problem, of which it is duly advised, shall be limited to the
replacement of one (1) or any component of the BIONEST® system as well as required labour, if
applicable, in compliance with the herein warranty.
Damage limitation
Bionest may in no way be held liable for any other damage sustained by the client or third party;
Bionest’s compensation or indemnification obligation shall be limited to the provisions under
this agreement. Bionest does not assume any liability for personal injury or property damage
caused by the use or misuse of the BIONEST® system. Bionest shall not, in any event, be liable
for special, incidental, indirect or consequential damages. Bionest’s liability shall, in all instances,
be limited to the provisions of this warranty certificate and will terminate upon expiration of
the applicable warranty period.
Ownership transfer
In the event of a transfer of ownership, sale, reassignment or disposition in any other way of the
client’s property to a third party, this warranty shall continue to apply on the express condition
that the new owner confirms in writing to Bionest that he is the new owner of the property, is
cognizant of the warranty certificate and accepts its terms and conditions.
The client agrees to give to the buyer or the buyer’s successors the present warranty certificate
and the owner’s manual, which were given to the client upon completion of the installation.
For the provisions of the first paragraph of this section, the buyer or any of the buyer’s successors,
must complete, within a thirty (30) calendar day period, the ownership transfer form and return
it to Bionest.
If the buyer or any of the buyer’s successors does not send the ownership transfer form duly
completed, the present warranty certificate shall no longer prevail and shall be considered null
and void.

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