KD ROYALTY SERIES ABOVE GROUND POOL WARRANTY
(Below warranty is effective on pools sold in year 2000 or later. Prior to
that date, KD pool hardparts had a one year warranty)
KD Pools, a division of Muskin Leisure Products Inc., warrants
that the following components of the KD portable swimming pool are free from
manufacturer's defects in material for the indicated periods after original
retail purchase date:
- Ripping and Tearing of Non Welded Fabric — Lifetime
- Seams and Fabric Delamination in Seam Areas — Fifteen (15) Year
Proration
- Hard Parts (Straps, footplates, Uprights, End Caps and Horizontal Ribs)
— Fifteen (15) Years
- American Hydro Pump and Filter Canister — 1 Year
- All other components — 1 Year
Warranty Applies Only to the Original Purchaser and is
Non-Transferable.
The sole obligation of MLP, and the purchaser's sole remedy, is
limited to repair or replacement of the product.
EXCLUSIONS: This warranty does not cover problems arising in
whole or in part from purchaser's negligence, misuse or improper maintenance or
storage, accident, improper installation (including without limitation the
installation/use of pool out of level), improper application, failure to follow
all appropriate safety precautions, injuries/damages from diving, sliding or
jumping into the pool, improper or misuse of chemicals, abnormal weather
conditions, acts of God, sun scorching, puncture, abrasion, cutting, damage from
plants or animals, failure to keep the pool full of water, bowing of ribs or bad
odors emanation from the liner of the pool. This warranty applies only to
residential use by the original purchaser and is non-transferable.
DISCLAIMERS: All implied warranties including but not
limited to, implied warranties of merchantability and fitness for a particular
purpose are hereby disclaimed. If the law of your jurisdiction prohibits
disclaimer within the duration of express warranties, all implied warranties are
disclaimed after the express warranty periods noted above.
Under no circumstances will Muskin Leisure Products, Inc. be responsible for
any incidental or consequential damages arising in whole or part from covered
parts, (even if KD pools knows of the use to which this pool is being made)
including without limitation: loss of chemicals, loss of water, labor or
material costs, flooding injuries to persons or property, or loss of use.
WARRANTY PROCEDURES: All warranty claims should be made
directly to KD Pools by the purchaser no later than the expiration date of the
applicable warranty period listed above. Further, the purchaser must supply
satisfactory proof of identity and purchase date (sales receipt). KD pools can
be contacted at 1-800-338-1013. If the claim is covered by the above warranty
terms, the pool will be repaired free of charge for parts and labor, unless KD
Pools decides in its sole and absolute discretion to replace the pool or
accessory. If KD Pools has given specific prior authorization, the purchaser
should at his/her expense carefully clean, package and ship the pool or
accessory (insured freight prepaid) to KD Pools. Any repairs not covered by the
warranty terms will be charged to the purchaser at KD Pool's rates.
PRORATION OF WARRANTY: If the pool is to be replaced by KD
Pools within the warranty period, the following terms and conditions apply
Replacement due to seam separation and delamination will be free of charge
during the applicable period of the warranty coverage.
Ripping and tearing in the liner due to a defect in the material will be
free of charge for the repair or replacement during the applicable warranty
coverage. During the fifteen (15) year proration period, you are responsible
to pay the below-indicated percentage of the then applicable retail cost.
1st - 5th
year: 0%
6th - 8th
year: 50%
9th - 15th
year: 75%
All claims must have a sales receipt and be registered with KD Pools. All
replacements have the remaining warranty. If the pool liner needs to be
replaced, KD Pools may replace with a liner of comparable quality without
structural defects.
KD Pools reserve the right to make changes in the design and material of its
pools and accessories without incurring obligation to incorporate such changes
in units already completed.
The entire obligation of KD Pools regarding the sale of its pools and
accessories are stated within this written warranty, except as otherwise
provided by law. If any part(s) of this warranty is considered void or voidable
under applicable law, the remaining provisions may, at the option of KD Pools,
be enforced.