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Vortech MP40w ES - Warranty and Compliance; Limited Warranty Information

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Warranty
EcoTech Marine warrants to the original purchaser only that the VorTech propeller pump will be free from defects in material and
workmanship under normal use for a period of (1) year from the date of original purchase if the product is installed and used properly
and consistent with the User Manual. The VorTech propeller pump consists of a wet side operating unit that will be fully submerged
in the aquarium and a motor and driver that must not be exposed to water at any time. EcoTech Marine’s warranty shall not apply:
(i) to any damaged VorTech propeller pump that has been subjected to accident, misuse, neglect, alteration, acts of God, improper
handling, improper transport, improper storage, improper use or application, improper installation, improper testing or unauthorized
repair, (ii) to any VorTech propeller pump where the motor and/or driver have been exposed to water or (iii) to cosmetic problems or
defects that result from normal wear and tear under ordinary use, and do not affect the performance or use of the product. EcoTech
Marine’s warranty applies only to a product that is manufactured by or for EcoTech Marine and identified by the EcoTech Marine
trademark, trade name or product identification logo affixed to the product. If you notice a problem with your VorTech propeller pump,
do not attempt to repair it yourself. Any attempts at self repair shall void this limited warranty. EcoTech Marine shall not be held
liable for damage to any aquarium, aquarium life forms, or other personal objects due to improper use of the device. If the product
develops a covered defect within the one-year period, EcoTech Marine will, at its option, either repair or replace the VorTech propeller
pump without charge, provided that the VorTech propeller pump is returned during the warranty period.
The VorTech pump operates at high temperatures and produces forces within the aquarium that can cause extreme loading and
fatigue. Due to this, caution must be used when installing this device on any aquarium. Because the construction of aquariums varies
from each manufacturer and the operating conditions of each individual aquarist is different, there is a possibility that the VorTech
propeller pump may cause damage to your aquarium. Please contact your aquarium manufacturer to determine if your aquarium is
properly built and recommended for VorTech pumps. If you notice any damage to your aquarium, including but not limited to crazing,
cracking, bending, scratching, etc, immediately discontinue the use of the VorTech propeller pump. EcoTech Marine will not be liable
for any damage caused to your aquarium resulting from the use of the VorTech propeller pump.
To obtain warranty service or technical support, please contact EcoTech Marine’s customer service department at (610) 954-
8480. You will receive instructions on how to return the product for repair or replacement. To take advantage of this Limited War-
ranty you will be required to supply an original point of purchase receipt.
ECOTECH MARINE DISCLAIMS ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO THE FULLEST
EXTENT ALLOWED BY APPLICABLE LAW. NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANT-
ABILITY SHALL APPLY EXCEPT AS REQUIRED BY APPLICABLE LAW. ECOTECH MARINE DOES NOT AUTHORIZE ANY PERSON OR
BUSINESS ENTITY, INCLUDING ITS AUTHORIZED DEALERS, TO CREATE FOR IT ANY OBLIGATIONS, LIABILITIES, OR OTHER WARRAN-
TIES IN CONNECTION WITH THIS PRODUCT.
ALL WARRANTIES ARE VOID IF THERE IS DAMAGE TO THE VORECH PROPELLER PUMP THAT IS NOT A RESULT OF A DEFECT IN
THE MATERIALS OR WORKMANSHIP. THE SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS THAT YOU MAY HAVE ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THIS PRODUCT, WHETHER MADE OR SUFFERED BY YOU OR ANOTHER PERSON AND
WHETHER BASED IN CONTRACT OR TORT, SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT. IN NO EVENT WILL ECOTECH
MARINE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY OF TO USE THE PRODUCT (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER
PECUNIARY LOSS, DAMAGE TO YOUR AQUARIUM OR ANY AQUARIUM INHABITANTS), OR FROM ANY BREACH OF WARRANTY,
EVEN IF ECOTECH MARINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL ECOTECH MARINE’S
LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS DO NOT
USE THE VORTECH PROPELLER PUMP.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions may not apply
to you. EcoTech Marine’s warranty is governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws prin-
ciples and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. This warranty
gives you specific legal rights, and you may also have other rights, which vary from state to state.
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