THREE YEAR LIMITED WARRANTY
Products have been manufactured and tested to the highest quality standards by Western Water & Containment Solutions, LLC (hereinafter, “Rocky Mountain Tanks”). This Limited Warranty offered by Rocky Mountain Tanks covers defects in material or workmanship in new Rocky Mountain Tanks water tanks (the “Product”). This warranty extends to the original purchaser only and is non-transferable. Only customers purchasing Products from authorized Rocky Mountain Tanks retailers or resellers or directly through Rocky Mountain Tanks may obtain coverage under this warranty.
What Does This Warranty Cover?
Rocky Mountain Tanks warrants the Product against defects in material and workmanship only as follows:
Rocky Mountain Tanks will replace at no charge for parts only or, at its option, replace any Product or part of the Product that proves defective because of improper workmanship and/or material, under normal installation, use, service and maintenance. If Rocky Mountain Tanks is unable to provide a replacement and repair is not practical or cannot be made in a timely fashion, Rocky Mountain Tanks may elect to refund the purchase price in exchange for the return of the Product.
How Long Does the Coverage Last?
Should a Product be found defective within three years of purchase, Rocky Mountain Tanks will refund or replace the Product (or the defective part) with a water tank (or part) of equal value.
What Does This Warranty Not Cover?
Conditions, malfunctions or damage not resulting from defects in workmanship or material;
Conditions, malfunctions or damage resulting from normal wear and tear, improper installation, improper maintenance, misuse, abuse, negligence, accident or alteration;
Accessories, connected materials and products, or related products not manufactured by Rocky Mountain Tanks; and
Although stripped fittings as a result of improper installation are not covered under warranty, they may be replaced at the discretion of Rocky Mountain Tanks.
What is the Period of Coverage?
Rocky Mountain Tanks provides a product warranty on all water tanks (the “Product”).
What Will We Do to Correct Problems?
If a Product is believed to be defective, you must contact Rocky Mountain Tanks immediately. Rocky Mountain Tanks reserves the right to question proper installation, product condition at delivery, and request pictures of the defect if necessary. If adequate documentation of the defect cannot be provided, you will be responsible for the cost of replacement until Rocky Mountain Tanks can verify that a defect is found. Rocky Mountain Tanks reserves the right to fix any defect at the place of installation prior to providing a replacement.
How Do You Get Service?
Rocky Mountain Tanks will not provide any warranty coverage unless claims are made in compliance with the following terms and conditions and the customer follows proper return procedures:
The request must be submitted in writing within 30 days of discovery of the possible defect (mailed certified return receipt-return receipt requested, postage prepaid);
To request warranty service, you must provide: the sales receipt or other evidence of the date and place of purchase and the identity of the party who sold the Product to you;
A description of the problem;
Rocky Mountain Tanks reserves the right of inspection to determine validity of your claim of defective Product under the terms of this Limited Warranty. Rocky Mountain Tanks further reserves the right to approve and negotiate the terms of repair or replacement.
What Must You Do to Keep the Warranty in Effect?
The commitment of Rocky Mountain Tanks hereunder and the agreement of Rocky Mountain Tanks to provide the limited warranty described herein are subject to the satisfaction of each of the following conditions precedent in a manner acceptable to Rocky Mountain Tanks in its sole and absolute discretion:
How Does State Law Relate to This Warranty?
This Limited Warranty constitutes the complete, final, exclusive, and fully integrated statement of warranty between you and Rocky Mountain Tanks concerning the Product. Any action brought relating to this Limited Warranty shall be instituted and litigated in the courts of the State of Utah located in Utah County, Utah, or the Federal courts for the District of Utah in Salt Lake City, Utah. This Limited Warranty shall be governed by and construed in accordance with the laws of the State of Utah.
What are the limits on this warranty?
This warranty is limited to the Product itself and does not include accessories, delivery, installation, or removal of the Product.
This warranty shall be void to the extent of (i) any modification of a Product by any person or entity other than Rocky Mountain Tanks, (ii) misuse or abuse of a Product unless such misuse or abuse is perpetrated by Rocky Mountain Tanks or its agents, (iii) negligence or wrongdoing unless such negligence or wrongdoing is perpetrated by Rocky Mountain Tanks or its agents, (iv) accident, disaster or event of force majeure, (v) use of a Product in any manner inconsistent with its intended use as a water storage product, (vi) improper storage of a Product, (vii) use of a Product in combination with products, equipment or software not supplied by Rocky Mountain Tanks or (viii) use of a Product in combination with products supplied by others without the technical approval of Rocky Mountain Tanks.
This Limited Warranty shall be invalid if the buyer fails to comply with every term and condition of the Limited Warranty.
THIS LIMITED WARRANTY CONSITUTES THE ONLY WARRANTY MADE BY ROCKY MOUNTAIN TANKS CONCERNING THE PRODUCT AND IT HEREBY EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL Rocky Mountain Tanks BE LIABLE TO YOU OR ANY USER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LABOR AND ANALYSIS FEES), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON ANY CLAIM OF ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL ROCKY MOUNTAIN TANKS BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY BUYER FOR THE PRODUCT.