STATEMENT OF LIMITED WARRANTY

The products manufactured by Munster Simms Engineering Limited (Whale Water Systems Inc.) (the “Company”), are warranted to be free from defects in design, workmanship and material under normal use, save that this warranty shall not apply where the defect or fault is attributable to defective materials supplied by third parties where the Buyer's only remedy will be against that third party.

This warranty applies only to products that are properly installed and used in accordance with all maintenance and operation instructions provided by the company.

Whale products are covered by a 1 year limited warranty (detailed below) from date of purchase, with the following enhancements:

Manual Bilge Pumps, Manual Freshwater, Manual Toilet Pumps:

5 years from date of purchase (except for Smartbail models which are covered for 3 years from date of purchase and Portable Sanitation models which are covered for 1 year from date of purchase).

Electric Freshwater/ Bilge Pumps:

1 year from date of purchase except Universal Pumps which are 2 years from date of purchase

Orca Electric Bilge Pump Range: 3 years from date of purchase.

PSDS:

The Whale Shower Drain System benefits from a full 2 year Warranty from date of installation. If the system proves faulty, return it to your distributor with proof of purchase and purchase date.

Quick Connect Plumbing- (fittings and WhaleX tubing only):

Whale Quick Connect fittings and WhaleX tubing (only) are covered for 10 years from date of purchase 

The Company reserves the right to repair, replace or issue a spares kit for the defective item subject to examination at Company premises. Adjustment or replacement of defective parts made under this warranty will not extend the original warranty period. The Company is not obligated to bear any costs of removal, installation, transportation, or other charges that may arise in connection with a warranty claim.

No claim in respect of defective goods will be valid unless the alleged defective goods are returned at the Purchaser's expense to the Company for inspection with proof of purchase.

Products that have been disassembled or modified (without prior approval of the Company), are not included in the Company's warranty.

Non- stock/ special order items are non- returnable, and warranty does not apply to prototype models.

EXCLUSIONS:

Nothing in this clause shall be deemed to exclude or restrict the Company's liability for death or personal injury resulting from its negligence.

The Company shall not be liable for any indirect loss or for any special, incidental, punitive or consequential damages suffered by the Purchaser and/or any other person whether this loss arises from breach of a duty in contract or tort or breach of a statutory duty or in any other way including without limitation loss arising from the negligence, default, breach of duty, non-delivery, delay in delivery or defects or errors in the work undertaken by the Company pursuant to the terms of this statement or in connection with any other claim.

In particular the Company shall not be liable (without limitation) for:

Loss of profits, increased production costs or other economic injury or loss;

Loss of contracts or opportunity;

Damage to property of the Purchaser or anyone else;

Personal injury to the Purchaser or anyone else except insofar as such injury is attributable to the Company's negligence;

The Company shall under no circumstances be liable for any loss, damage, detention, delay or failure to perform hereunder (other than failure to pay money) resulting from causes beyond its control including but not limited to fires, strikes, lockouts, insurrection or riots, terrorism or civil disorder, embargoes, wreaks or delays in transportation, requirements or regulations of any governmental authority, tempest, earthquake or other natural disaster, flood, bursting or overflowing of water tanks, failure or shortage of power, fuel or other utilities, or loss of data and/or communications due to causes such as those referred to in this clause, outside the Company's control.

This statement sets out the Company's entire liability in respect of the products and the Company's liability under this statement shall be in lieu of all other warranties, conditions, terms and liabilities, express or implied, statutory or otherwise howsoever except any implied by law which cannot be excluded.

The above does not affect the statutory rights of the consumer.

The Company shall NOT be liable for any condition, warranty or representation made by a Distributor or other person acting on behalf of the Company unless expressly authorised by the Company to do so.

This statement shall be governed and construed in accordance with Northern Irish law and all disputes arising in connection with the statement shall be submitted to the jurisdiction of the Northern Irish Courts.