Limited Warranty Information
Products manufactured by Comet Fountains® LLC are warranted to the original commercial or residential user/buyer only to be free of defects in material and workmanship for a period of (2) years from the date of purchase on any pump body and for a period of Three (3) years from the date of purchase on any flotation body built around, affixed to, or provided with any pump; provided, however, that if a light(s) is built into, affixed to, or provided with any covered product, then the warranty period for any such light(s), included transformer, and included timer shall be limited to One (1) year. Comet Fountains® LLC liability under this warranty shall be limited to repairing or replacing at Comet Fountains® LLC option, without charge, F.O.B. residence of user/buyer, any defective product manufactured by Comet Fountains® LLC. Comet Fountains® LLC will not be liable for any costs of removal, installation, shipping (excepting return to user/buyer for covered product), transportation, or any other charges which may arise in connection with a warranty claim. Products which are sold but not manufactured by Comet Fountains® LLC are subject to the warranty provided by the manufacturer of said products and not by Comet Fountains® LLC warranty. Comet Fountains® LLC shall not be liable under this limited warranty or otherwise for wear and tear items or issues (including, but not limited to, seals, bearings, wiring, warping, bending, and color fading), damage to products caused by abnormal operating conditions, nature, excessive temperature changes, animal chewing, accident, abuse, negligence, misuse, unauthorized alteration or repair, or if the product was not installed in accordance with Comet Fountains® LLC printed installation and operating instructions, including, but not limited to, installation by a licensed, insured, and bonded electrician pursuant to the National Electrical Code.
Obtaining Service: To obtain service under this warranty, the defective product must be returned to Comet Fountains® LLC, with the following information: proof of purchase with product serial numbers printed on invoice, installation date, failure date, and supporting installation data. Any defective product to be returned for warranty services shall be delivered freight prepaid to Comet Fountains® LLC; documentation supporting the warranty claim and/or a Return Material Authorization must be included if so instructed. Comet Fountains® LLC requires that all customers notify Comet Fountains® LLC, as applicable, prior to returning a product under the Comet Fountains® LLC warranty program, and any such product will only be accepted if it has been thoroughly cleaned and is properly packaged. In the event a product is returned to Comet Fountains® LLC and the user/buyer does not take return receipt of the product within six (6) months after such return for warranty service because of user’s/buyer’s failure to communicate, failure to fulfill any warranty obligation, or otherwise, not including such a failure by Comet Fountains® LLC, then such product shall become the sole and exclusive property of Comet Fountains® LLC and it may sell, dispose of, or transfer such product at its discretion.
If a product should fail within the warranty specified, please contact Comet Fountains® LLC at 1.941.254.2020.
Should any failure to conform to this warranty appear within the term of warranty after initial sale, the manufacturer shall, upon notification thereof and substantiation that the product with replacement parts or accessories has been maintained, correct such defects by suitable repair or replacement at its own expense, buyer being responsible for shipping and handling charges only. The Comet Fountains® LLC warranty does not include shipping or an obligation to provide another unit while the original product is being repaired or replaced; provided, however, that if a product fails within the term of warranty specified, the repaired or replaced product shall be returned to buyer free of shipping charges. The Comet Fountains® LLC warranty does not apply to any product used as rental equipment or contaminated by materials harmful to such products. The Comet Fountains® LLC warranty does not apply to parts failure due to neglect in cleaning or unauthorized servicing of the product, nor does it cover failure of a part caused by misuse or inappropriate use of the product.
Legal Disclaimer: Except for its obligation to replace or repair defective products outlined above, Comet Fountains® LLC shall not be liable to buyer, or to anyone claiming under buyer, for any obligations or liabilities, including, but not limited to, obligations or liabilities arising out of breach of contract or warranty, negligence or other tort or any theory of strict liability, with respect to the products or Comet Fountains® LLC acts or omissions or otherwise, and buyer shall hold harmless and indemnify Comet Fountains® LLC for any such claim. The above limited warranty covers only replacement or repair of defective products at Comet Fountains® LLC factory or authorized service station and does not include the cost of field services (including, but not limited to, travel and living expenses), labor, inspection, removal or installation of new or replacement products, or normal maintenance. To the fullest extent permitted by law, Comet Fountains® LLC shall not, in any event, be liable for incidental, compensatory, exemplary, punitive, consequential, indirect, special or other damages, including, but not limited to, loss of use, loss of income, loss of profits, loss of time, loss of sales, injury to persons or property, liability buyer incurs with respect to any other person, or any other type or form of consequential damage or economic loss.
Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages and some jurisdictions do not allow limitations on how long implied warranties may last. It is the buyer’s responsibility to determine if a certain jurisdiction’s rules may apply. Therefore, the above limitations or exclusions may not apply to you and it is your responsibility to determine whether the aforementioned limitations to the limited warranty apply and to the extent such limitations may apply in your jurisdiction. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.