Element Warranty

Aqua Membranes, Inc. provides a limited warranty to a buyer on the materials, workmanship, and performance of its reverse osmosis (RO) spiral wound elements under the following terms and conditions:

Materials and Workmanship Warranty

Aqua Membranes warrants that its new elements are free from defects in materials and workmanship. Subject to the applicable legal regulations, this Materials and Workmanship Warranty is effective for one (1) year from the date of receipt by Buyer. Buyer’s exclusive remedy and Aqua Membranes’ (including distributors) total liability to Buyer under this Materials and Workmanship Warranty for all claims is limited, at Aqua Membranes’ option, to repair or supply of new elements under the same delivery terms as in the original sales contract for replacement of any element which
is determined by Aqua Membranes to be defective under this Warranty. To avoid any doubt, this Materials and Workmanship Warranty does not warrant against element defects caused by failure to follow Aqua Membranes published operating instructions and good engineering practices.

Initial Performance Warranty

Aqua Membranes warrants that the elements offered have the initial Product Flow Rate and initial Minimum Salt Rejection as specified in the specification sheets for the corresponding models. These parameters are established as specified in the Specification Sheets. Should any elements not meet performance specifications, and Buyer notifies Aqua Membranes of such deficiency, Aqua Membranes will, upon confirmation of faulty performance, repair or supply the new elements for replacement. Shipping costs, in such case, will be paid by the Buyer.

Performance Warranty

During the Warranty Period (defined below) when operated under standard conditions as specified in the Specification Sheets, Aqua Membranes warrants performance of its elements as follows (“Performance Warranty”):

Salt passage will not exceed two (2) times the maximum salt passage.
Permeate flow rate shall remain at or above 75 % of Minimum Product Flow Rate as specified in the Specification Sheets.

Warranty Period
Aqua Membranes’ Performance Warranty applies for three (3) years from whichever of the following events occurs first (“Warranty Period”); Water is fed into the elements for the first time or one (1) month following shipment from the manufacturing facility.

Conditions of Performance Warranty
The Performance Warranty set forth above shall be void if any of the following conditions are not met:

The elements shall be operated within the operating conditions and recommendations described in Aqua Membranes published manuals. Operating conditions of the elements must not exceed the Operating Limits as specified in the Specification Sheets.

The design parameters including system array and recovery, instrumentation and components of the system in which the elements are employed shall be consistent with sound engineering practice. Aqua Membranes reserves the right to review the system design. The elements must not be fouled by any kind of precipitates, suspended solids, organic matters, inorganic scale, chemicals, or biological growth influencing the element performance negatively. The feed water entering the elements must not contain oil, grease, or other foreign organic or inorganic materials detrimental to the elements. The feed water to the elements must not contain strong oxidizing agents. Neither nonionic nor cationic surfactants, as well as coagulant, should be used for the membrane cleaning or come into contact with the elements.

The elements shall be protected against any shocks such as load shocks, vibrations, pulsation, air or water hammers at all times during start-up, normal operation and cleaning. Back pressure, where permeate line static pressure exceeds feed water side static pressure, shall not exceed 5 psig, particularly not at normal operating period.

In case of system performance decline (permeate flow, salt rejection or pressure drop), appropriate countermeasures must be performed in a reasonable time.

A distributor is responsible for providing the end-user with adequate manuals for system operation and maintenance, as well as training of the operators and supervisors, ensuring user’s ability to perform cleaning, performance restoration, diagnostic and troubleshooting procedures.

Buyer shall ensure that frequent and adequate system normalized performance data are routinely recorded and documented in a systematic form from initial plant start-up. Operation data such as troubleshooting, maintenance, operation time and chemical dosage shall also be recorded. This data must be made available to Aqua Membranes upon request in case of a warranty claim.

Prior to installation and use, the elements shall be stored in their original shipping bag and containers, shall not be exposed to direct sunlight, and shall not be exposed to an ambient air temperature greater than 95 ˚F or below 32 ˚F.

Remedy for Breach of Warranty

Buyer’s exclusive remedy and Aqua Membranes (including distributors) total liability to Buyer for all claims under this Performance Warranty is limited, at Aqua Membranes option, to repair or supply new elements for replacement at the then list price less a prorated rebate on the unrealized life of the Warranty Period.

Aqua Membranes liability shall be limited to the extent that the total number of elements supplied for replacement will be less than or equal to the number of initial elements purchased. The installation of the replacement elements shall be made by Buyer at its cost and expense.

Aqua Membranes may, at its discretion, (i) dispatch its expert and/or outside expert for on-site examination, or (ii) request Buyer return of the alleged defective elements to Aqua Membranes freight prepaid for examination.

Disclaimer
NO WARRANTIES, EXPRESSED OR IMPLIED, ARE GIVEN EXCEPT AS EXPRESSLY PROVIDED ABOVE. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE NOT PROVIDED AND ARE EXPRESSLY DISCLAIMED AND EXCLUDED. AQUA MEMBRANES IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL EXEMPLARY AND PUNITIVE DAMAGES, LOSS OF PROFITS, PLANT SHUT DOWN TIME OR SUITS BY THIRD PARTIES AGAINST BUYER, REGARDLESS OF WHETHER DUE TO A PERFORMANCE FAILURE OR DEFECT OF THE ELEMENTS. ALL LIMITATIONS ON LIABILITY SHALL SURVIVE THE EXPIRATION, TERMINATION OR CANCELLATION OF THIS LIMITED WARRANTY.
FAILURE OR REFUSAL TO FULLY DISCLOSE THE USE AND OPERATING PARAMETERS OF AQUA MEMBRANES MEMBRANE ELEMENTS TO AQUA MEMBRANES SHALL RENDER ALL WARRANTIES, OTHER THAN MATERIALS AND WORKMANSHIP, NULL AND VOID.