QuenchSea 3.0 — Three-Month Limited Manufacturer Warranty

1. Limited manufacturer warranty

QuenchSea is a trading brand of Hydro Wind Energy Ltd, which provides this warranty under the QuenchSea name (“QuenchSea”, “we”, “us” or “our”).

QuenchSea provides the original purchaser of a QuenchSea 3.0 with a limited manufacturer warranty for three (3) calendar months from the date of delivery.

This warranty is a voluntary manufacturer warranty. It is provided in addition to, and does not replace, restrict or exclude, any statutory rights that a consumer may have under applicable law, including the Consumer Rights Act 2015.

The expiry of this three-month warranty does not mean that any statutory rights which may otherwise apply have expired.

2. Who is covered

This warranty:

• applies only to the original purchaser of the QuenchSea 3.0;
• is not transferable to another owner;
• requires reasonable proof of purchase;
• applies only to genuine QuenchSea 3.0 products; and
• applies only to claims relating to defects arising during the three-month warranty period.

Where a device is repaired or replaced under this warranty, the original warranty period will continue and will not restart, except where applicable law requires otherwise.

3. What this warranty covers

Subject to the exclusions in this warranty, QuenchSea warrants that the QuenchSea 3.0 will be free from material manufacturing defects in materials and workmanship during the warranty period when the product has been:

• used for its intended purpose;
• operated in accordance with the QuenchSea 3.0 instruction manual;
• properly assembled and maintained;
• properly cleaned and stored;
• used with appropriate filters and membranes; and
• used within the operating conditions specified by QuenchSea.

This warranty relates only to manufacturing defects.

4. Our remedy

If QuenchSea determines that a valid manufacturing defect is covered by this warranty, QuenchSea will decide, acting reasonably, the appropriate warranty remedy. This may include:

• providing troubleshooting instructions;
• providing a replacement component;
• repairing the defective component;
• repairing the device;
• replacing the device with the same or a functionally equivalent product; or
• where repair or replacement is not reasonably practical, providing an appropriate refund.

Except where applicable law provides otherwise, the customer may not require a particular warranty remedy where another reasonable remedy is available.

QuenchSea is not required under this voluntary warranty to provide an advance replacement or temporary replacement device while a warranty claim is being investigated or processed.

5. Consumables and wear items are not covered

Unless demonstrated to have been defective when supplied, this warranty does not cover consumable items or components subject to wear, including:

• reverse-osmosis membranes;
• pre-filters;
• carbon filters;
• O-rings;
• seals;
• lubricants;
• hoses;
• cartridges;
• batteries;
• TDS meter batteries; and
• other consumable or replaceable accessories.

Membranes, filters, seals and O-rings have a service life that varies depending on use and operating conditions. Normal deterioration, blockage, fouling or wear of these items is not a manufacturing defect.

Nothing in this section affects a consumer’s statutory rights if a consumable component was defective when supplied.

6. Membrane performance

Reverse-osmosis membrane performance and lifespan depend on conditions outside QuenchSea’s control, including:

• feedwater salinity;
• water temperature;
• water quality;
• sediment;
• oils or chemicals in the water;
• biological contamination;
• operating pressure;
• pumping technique;
• frequency of use;
• cleaning;
• storage;
• pre-filter condition; and
• length of time between uses.

QuenchSea therefore does not provide a guaranteed membrane lifespan under this voluntary warranty. Reduced membrane performance resulting from fouling, blockage, contamination, normal use or unsuitable storage is not covered.

7. Water production and performance

Water-production rate, pumping effort and output-water TDS may vary according to operating and environmental conditions.

Published production rates and water-quality figures represent expected or typical performance under specified conditions and should not be interpreted as a guarantee that identical results will be achieved under every operating condition.

Variations resulting from factors including water temperature, salinity, membrane condition, filter condition, pumping technique and feedwater quality are not by themselves evidence of a manufacturing defect.

8. Excluded damage and circumstances

This warranty does not cover faults or damage caused or contributed to by:

• misuse or abuse;
• accidental damage;
• dropping, impact or crushing;
• incorrect assembly;
• incorrect installation;
• incorrect operation;
• failure to follow instructions;
• failure to maintain or clean the product;
• improper storage;
• freezing;
• excessive heat;
• prolonged UV exposure;
• sand or other foreign material;
• corrosion caused by improper storage or cleaning;
• excessive force;
• over-tightening;
• cross-threading;
• operation with incorrectly installed components;
• operation with damaged components;
• operation with blocked filters or membranes;
• continuing to use the device after a leak or other apparent fault has been identified;
• use of unsuitable replacement parts;
• unauthorised modification;
• damage caused by attempted repair;
• contamination;
• abnormal or unsuitable feedwater; or
• circumstances outside QuenchSea’s reasonable control.

9. Water source exclusions

The QuenchSea 3.0 is not designed to make every possible water source safe for human consumption. The warranty does not cover damage, blockage or performance deterioration resulting from water containing excessive levels of:

• oil or fuel;
• industrial chemicals;
• solvents;
• sewage;
• pesticides;
• heavy sediment;
• biological material;
• hazardous chemicals;
• radioactive material; or
• other contaminants for which the device is not designed.

Customers are responsible for selecting an appropriate feedwater source and following all pre-filtration and operating instructions.

10. Modifications and third-party parts

QuenchSea is not responsible under this warranty for damage caused by:

• modifications to the QuenchSea 3.0;
• incorrect repairs;
• incorrectly fitted components;
• incompatible replacement components; or
• third-party components which cause or contribute to a fault.

Use of a third-party repairer or component does not by itself invalidate this warranty where applicable law prevents such a restriction. However, damage caused by that repair, modification or component is not covered by this voluntary warranty.

11. Cosmetic variations

The QuenchSea 3.0 is manufactured and individually tested before dispatch. Minor cosmetic variations arising from manufacturing, assembly or testing that do not materially affect the safe operation, structural integrity or performance of the device are not covered by this warranty. These may include minor:

• surface marks;
• scratches;
• moulding variations;
• colour variations;
• finish variations;
• assembly marks; and
• evidence of factory water testing.

Evidence that a device has undergone factory testing does not mean that it has previously been owned or commercially used.

12. Testing before dispatch

QuenchSea 3.0 units may be individually tested with water before dispatch as part of quality-control procedures. As a result, a new unit may contain minor evidence of testing, including limited water residue or marks associated with manufacturing and quality-control testing.

This does not constitute previous customer use.

13. Customer responsibility

The customer is responsible for:

• reading the instruction manual before operating the device;
• correctly assembling the device;
• inspecting the device before use;
• correctly installing filters and membranes;
• using appropriate feedwater;
• following maintenance and cleaning instructions;
• storing the device correctly;
• replacing consumable components when necessary; and
• stopping operation where a fault, leak or abnormal performance is identified.

The customer should not continue to operate a device that appears damaged or is producing abnormal results.

14. Drinking-water responsibility

The user should check the quality of the produced water before drinking it. Where available, output water should be tested using a suitable and correctly functioning TDS meter in accordance with the QuenchSea instructions.

Water should not be consumed if:

• it tastes unusually salty;
• its appearance or smell suggests contamination;
• TDS readings indicate that desalination has not operated correctly; or
• there is reason to believe the system is not functioning properly.

A TDS measurement does not identify every possible biological, chemical or other contaminant. The QuenchSea 3.0 should therefore only be operated using water sources and procedures consistent with the instructions supplied by QuenchSea.

15. Emergency use

The QuenchSea 3.0 is intended to assist with the production of freshwater from appropriate seawater sources.

Users remain responsible for appropriate emergency planning and should, wherever reasonably possible, maintain alternative or reserve drinking-water supplies. No portable desalination system should be treated as eliminating the need for appropriate maritime safety procedures, emergency supplies or other safety equipment.

16. Making a warranty claim

To make a claim under this voluntary warranty, the customer must contact QuenchSea and provide information reasonably necessary to investigate the claim, which may include:

• name;
• order number;
• proof of purchase;
• delivery date;
• serial number, where applicable;
• description of the problem;
• photographs;
• video demonstrating the issue;
• feedwater TDS;
• output-water TDS;
• details of the water source;
• details of the membranes and filters being used; and
• results of troubleshooting procedures requested by QuenchSea.

QuenchSea may conduct reasonable remote troubleshooting before determining whether the product needs to be returned. Failure to provide information reasonably required to identify or reproduce the alleged fault may delay assessment of the claim.

Claims should be sent to info@quenchsea.world.

17. Returns

A product should not be returned for a warranty claim unless QuenchSea has authorised the return. If a return is required, the customer must:

• drain the device;
• clean the device where appropriate;
• package it securely; and
• follow the return instructions supplied by QuenchSea.

Products containing hazardous, contaminated or unidentified substances may be refused for health and safety reasons.

Where QuenchSea is legally required to bear return or redelivery costs in relation to a consumer’s statutory remedy, those rights are unaffected by this warranty.

18. Inspection of returned products

QuenchSea may inspect and test any product submitted under this warranty. A warranty claim may be refused where inspection reasonably establishes that:

• no manufacturing defect exists;
• the device is functioning within its specifications;
• the issue relates to a consumable component;
• the fault results from misuse or damage;
• the fault results from poor maintenance;
• the device has been incorrectly assembled;
• the problem results from unsuitable feedwater;
• the product has been modified;
• an unauthorised repair caused the problem; or
• another exclusion in this warranty applies.

Where a fault is not covered by this voluntary warranty, QuenchSea may offer a chargeable repair or replacement. No chargeable work will be undertaken without the customer’s agreement.

19. Consequential and indirect loss

To the fullest extent permitted by applicable law, QuenchSea will not be liable under this voluntary warranty for indirect or consequential losses arising from a product fault, including:

• loss of use;
• inability to produce water;
• cost of replacement drinking water;
• travel costs;
• accommodation costs;
• rescue or emergency costs;
• expedition costs;
• loss of a voyage or trip;
• loss of business;
• loss of revenue;
• loss of profit;
• loss of opportunity;
• loss of anticipated savings; or
• damage arising from reliance on the product as the user’s sole source of drinking water.

This clause applies only to the extent permitted by law and does not exclude any liability which cannot legally be excluded.

20. Limitation of liability under this warranty

Subject to the provisions below, QuenchSea’s total contractual liability arising solely under this voluntary three-month manufacturer warranty will, to the fullest extent permitted by law, be limited to the price paid for the affected QuenchSea 3.0.

This limitation does not limit or exclude:

• statutory remedies available to consumers under the Consumer Rights Act 2015;
• liability for death or personal injury caused by negligence where such liability cannot lawfully be excluded;
• liability arising from fraud or fraudulent misrepresentation;
• liability arising under applicable product-liability legislation which cannot lawfully be excluded;
• liability which applicable law expressly prohibits QuenchSea from excluding or limiting; or
• any other mandatory consumer right.

21. Statutory consumer rights

This three-month manufacturer warranty is separate from the customer’s statutory rights.

For purchases to which the Consumer Rights Act 2015 applies, goods must meet the requirements imposed by that legislation, including applicable requirements concerning satisfactory quality, fitness for purpose and correspondence with description.

Nothing in this warranty is intended to remove, restrict or reduce those statutory rights or remedies. The three-month period therefore relates only to the additional voluntary manufacturer warranty offered by QuenchSea and should not be interpreted as a three-month limit on statutory consumer rights.

22. Commercial and institutional purchases

This consumer warranty does not automatically apply to products acquired:

• for resale;
• by distributors;
• for rental or hire;
• for commercial fleets;
• for military use;
• for government use;
• for humanitarian programmes;
• for institutional deployment; or
• principally for business purposes.

Such purchases may be subject to separate written contractual warranty terms agreed with QuenchSea.

23. No unauthorised warranty commitments

No distributor, sales representative, reseller, contractor or other third party has authority to extend or modify this warranty on behalf of QuenchSea unless expressly authorised in writing by QuenchSea. Only an authorised written commitment from QuenchSea may modify this voluntary warranty.

24. Governing law

This warranty and any non-contractual obligations arising from it are governed by the laws of England and Wales. The courts of England and Wales will have jurisdiction, subject always to any mandatory rights a consumer may have to bring proceedings in another court or jurisdiction under applicable consumer law.

Nothing in this provision deprives a consumer of mandatory protections available under applicable law.

25. Severability

If any part of this warranty is found to be invalid, unlawful or unenforceable, that provision will apply only to the maximum extent permitted by law and the remaining provisions will continue in effect.