DISCLAIMER; LIMITED WARRANTY; LIMITATION ON LIABILITY
Many factors affect the operation of the Burst Blocker Adapter (the “Product”) and these factors cause the Product to have certain operational limitations. As examples: (1) the Product is engineered to shut the water supply off if a catastrophic failure of the supply line or connector nut occurs. The Product will not, however, detect a slow leak from a supply line or connector nut; (2) the flow rates for each application are set by industry standard. For the Product to operate optimally, in the event of a catastrophic failure of the supply line or connector nut, all supply valves must be in the fully open position so as to ensure maximum flow rate; and (3) because old supply lines may leak upon reinstallation, it is recommended that before installing the Product, the old supply line be replaced.
You understand and agree that these and other factors may result in the Product failing to operate properly and/or result in personal, bodily or property injury or damage. You further agree that Kissler & Co. Inc. d/b/a Burst Blocker (“Kissler”) is not liable or responsible for, and you hereby release Kissler from, any such failures or damages of any kind, including, but not limited to, those caused by misuse of the Product, failure to follow the above or any other recommendations or instructions relating to the Product, improper installation, accidents, normal wear and tear, or water leaks due to, among other things, water not flowing past the Product at a level exceeding the maximum flow rate to shut off the water supply line (see IAPMO standards for flow rates), the maximum flow rate for an application not being achieved for any reason (see IAMPO standards for flow rates), or failure to replace old water supply lines.
After a catastrophic failure of a supply line or a connector nut, the Burst Blocker Adapter (the “Product”) will reset once the pressure behind the Product is relieved. Pressure is relieved by turning off the main water supply and opening faucets, or by removing the Product.
If the Product fails to shut the water supply off in the event of a catastrophic failure of the supply line or connector nut, you must immediately return to Kissler for testing purposes, along with Proof of Purchase. For any such returned Product that is returned to Kissler within 365 days of purchase and that Kissler determines is defective, Kissler will, as your sole remedy, either provide a replacement Product or refund the purchase price for the Product.
Make sure all supply line and washing machine hoses are replaced on a timely basis to the manufacturer’s specifications.
EXCEPT AS DESCRIBED ABOVE, KISSLER MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY REGARDING THE SUITABILITY OF THE PRODUCT FOR ANY PARTICULAR PURPOSE OTHER THAN ITS INTENDED PURPOSE. EXCEPT TO THE LIMITED EXTENT PROVIDED HEREUNDER, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KISSLER SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR TO ANYONE ELSE WHATSOEVER ARISING OUT OF THE INSTALLATION, USE OR APPLICATION OF THE PRODUCT.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND KISSLER’S ENTIRE LIABILITY TO YOU FOR ANY FAILURE OF THE PRODUCT. KISSLER’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT. KISSLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, UNDER ANY LEGAL THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Disclaimer; Limitation on Liability is to be as broad and inclusive as is permitted by applicable law, and if any portion hereof is held invalid, the remaining terms shall continue in full force and effect.