EVO Product Limited Warranty and Installation Terms & Conditions

Table of Contents

EVO Product Limited Warranty

EVO Usage Guidelines and Warnings

EVO Product Installation Terms And Conditions of Sale

Damages

EVOProduct Limited Warranty

Like any mechanical device, your HydroWorx Product must regularly be inspected and have regular preventative maintenance procedures performed. You can purchase an additional year or years of comprehensive or limited maintenance and service coverage. The information contained within this warranty will profile various components, systems and parts integrated into your HydroWorx EVO Product. These profiles are for information purposes only and are not to be used for repair or replacement unless the repair or replacement activity has been specifically authorized by HydroWorx. Any unauthorized repair or replacement activity will void your limited warranty and may cause harm or injury to both the product and user.

HydroWorx International, Inc. (HydroWorx) warrants solely to the original Buyer that this product, consisting of the treadmill system, jet system, electronic controls, and water circulation equipment will be free from defects in materials and workmanship, when given normal, proper and intended installation and usage, for the period set forth below from the date noted on signed start-up completion form.

 

LIMITED WARRANTY PERIOD	COMPONENTS COVERED
One (1) Year	Water Circulation Equipment (heater, filter housing, brominator and pump)* Therapy Jet and Pump* Treadmill System* (Motor and drive components, bearings, seals, belt) Control System HMI System Water transfer system (pump, valves, actuator) Door seals
Five (5) Year	Tank Structural Integrity

 

*Proper maintenance and lubrication schedules must be followed to keep the warranty intact.

During the limited warranty period, HydroWorx will repair or replace, at its option and without cost to the Buyer, any portion of the product which is confirmed by HydroWorx to be defective.

This warranty shall not apply to any expendable component, such as, but not limited to chemicals, fuses, filters, and lubricants. HydroWorx shall have no obligations to make repairs or replacements which result, in whole or in part, from (I) catastrophe, fault or negligence of Buyer, (II) improper or unauthorized use of product, (III) maintenance or installation of the product which is not in full compliance with the requirements of the HydroWorx Operating Manual and Software Manual, (IV) the presence of debris or silt in the product, (V) the failure to maintain water cleanliness and chemistry, accordance with the recommendations of circulation equipment suppliers, (VI) any modification of the product (including, but not limited to, removal or affixing any object to the equipment or removing any component part of the product without prior specific written instruction from HydroWorx), or (VII) causes external to the product such as, but not limited to, power failure.

In the event after inspection by HydroWorx the product proves not to be defective or is not subject to the warranty protection because of normal use, wear and tear, misuse, lapse of time, accident, modification, or any other exclusion specified above, the Buyer will be charged for repair or replacement services at HydroWorx’s standard rates then in effect together with the “portal to portal” expenses incurred by HydroWorx in providing the service.

THE PROVISIONS OF THE FOREGOING WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MECHANTIBILTY OR FITNESS FOR A PARTICULAR PURPOSE. HYDROWORX’S LIABILITY ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE PRODUCTS OR ITS USE OR DISPOSITION WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY THE BUYER FOR THE PRODUCT. IN NO EVENT SHALL HYDROWORX BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF USE OF DAMAGES ARISING OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE PRODUCT THE FOREGOING WARRANTY APPLIES TO THE BUYER ONLY AND SHALL NOT ETEND TO ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS OF THE BUYER.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME BUYERS. THIS WARRANTY GIVES THE BUYER SPECIFIC LEGAL RIGHTS, AND THE BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

WARNING: USER OR PATIENT SHOULD NOT USE THIS EQUIPMENT WITHOUT CONSTANT ADULT SUPERVISION FROM A QUALIFIED PRACTITIONER WHO HAS BEEN TRAINED ON THE USE OF THE HYDROWORX SYSTEM. PATIENTS OR USERS SHOULD CONSULT HIS/HER PHYSICIAN BEFORE USING THIS EQUIPMENT. AT ALL TIMES HYDROWORX DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY SUSTAINED BY ANY USER WHETHER AUTHORIZED OR UNAUTHORIZED, OF THE PRODUCT.
ANY MODIFICATION TO THE AS-DELIVERED AND INSTALLED CONDITION OF THE UNIT THAT IS NOT MADE BY THE FACTORY OR FACTORY AUTHORIZED PERSONNEL SHALL BE INTERPRETED AS AN UNAUTHORIZED MODIFICATION.

EVO Series Usage Guidelines and Warnings

• Never use the HydroWorx product without supervision from a qualified aquatic therapy practitioner or exercise specialist.
• Never dive or jump into your HydroWorx product. Any unauthorized or extreme use may result in injury or death.
• Always have patients consult their physician or other medical professional before utilizing the HydroWorx product.
• Unauthorized service, repair or replacement of parts will void your warranty and may damage your HydroWorx product or injure your patients or qualified practitioner.
• Never operate the treadmill with more than 1 person at one time on treadmill.
• Never operate the treadmill without water.
• Never operate the treadmill with debris or other objects in the product as these objects may damage the safe and smooth operation of the treadmill.
• If shoes are worn on the treadmill, they must not have shoelaces that may make contact with the treadmill.

EVO Series Product Installation Terms And Conditions of Sale

These Terms and Conditions of Sale (“Terms of Sale”) govern the sale of Products and Services by HydroWorx International, Inc. referenced in the HydroWorx Customer Order Form. These Terms of Sale may be supplemented by addenda, exhibits, schedules, and other attachments referenced in or attached to these Terms of Sale or the applicable Customer Order Form and shall collectively constitute the entire agreement (“Agreement”) between the parties. All changes to this agreement or to the scopes of work or requests for additional performance of work will be made only by a written change order agreed to by both parties.

1. Site Preparation Overview:
   1. All preliminary site preparation for the Products before installation is the responsibility of Customer/Customer’s Representative/Customer’s Contractor and must strictly adhere to most recent HydroWorx design and installation requirements for the particular Products found at https://www.hydroworx.com/research-education/support/documents/ (the “D&I Guide”) including without limitation the following, as further detailed in the D&I Guide.
   2. Any aspect of the pool room, mechanical pit design, or equipment substitution that does not comply with HydroWorx standard installation and design requirements, must be approved by HydroWorx and may result in delays and additional charges.
   3. A minimum 3’ wide x 7’ high (36” X 84”) clear rollable access path from the unloading location to inside the poolroom with turning clearances.

2. Installation Overview:
   1. Installation can be scheduled to commence in accordance with the Delivery Confirmation Form and estimated delivery schedule. Installation schedule shall be confirmed upon HydroWorx’s receipt of the 100% completed HydroWorx Site Inspection Document and required photos by the Customer’s representative. If the HydroWorx Site Inspection Document and required photos do not demonstrate to HydroWorx’s reasonable satisfaction that the site has been prepared in accordance with the D&I Guide, HydroWorx may withhold approval and defer installation, HydroWorx may impose a charge (the “Delay Charge”) of $5,000 per day, and Customer shall be responsible for all other consequences of any delay. The HydroWorx Site Inspection Document can be found at https://www.hydroworx.com/research-education/support/documents/
   2. HydroWorx will arrange one (1) installation trip by HydroWorx technicians (or its authorized technicians) to unload and move the EVO series product and components from the delivery vehicle to the final installation location, , and system test the unit. Customer understands that HydroWorx’s installation technicians may not belong to relevant trade unions and may not be paid prevailing wages for the area. Customer shall be responsible for any and all delays, damages, and extra costs incurred by HydroWorx as a result thereof of such non-union status, including physical damages to the site or Products and additional costs to comply with prevailing wage standards and union staffing requirements and work rules.
   3. Access to the site on all days of the week, 7:00 AM – 6:00 PM, including Saturday and Sunday, is required for HydroWorx technicians to install the Products. If a delay occurs, or an additional or rescheduled installation visit is required due to customer’s failure to comply with the site preparations and/or installation requirements, Customer shall reimburse HydroWorx for the additional work and travel expenses separately, in addition to any Delay Charges.
   4. If an additional or rescheduled installation trip is required, or for any reason installation is prevented or delayed past the agreed installation dates, or if HydroWorx’s installation crew requires additional overnight accommodations and meals to accommodate any delay, HydroWorx may impose additional Delay Charges. Customer shall in addition reimburse HydroWorx on demand for any travel, lodging, and meals expenses.
   5. In-service training (product introduction/protocols) will take place following the installation completion and will be coordinated according to a mutually agreeable schedule between the customer and the HydroWorx sales representative.

3. Certain Responsibilities:The following is a summary only. For full instructions and responsibilities, reference the D&I Guide. Customer/Customer’s Representative/Customer’s Contractor are responsible, at Customer’s entire expense, for:
   1. Incorporating HydroWorx design requirements into their architectural, structural, mechanical, electrical and plumbing drawings. These site-specific drawings shall be provided to HydroWorx.
   2. Adhering to all local, state, and federal code requirements, as well as completing all necessary permitting and code submittals/applications and associated fees. Should any jurisdictional-specific modifications be required above the standard HydroWorx product, it will be the responsibility of the customer to both determine, as well as pay for such modifications. Should customer fail to notify HydroWorx of such modifications a minimum of 90 days prior to the scheduled ship date, delays may occur, with the consequences noted above.
   3. Performing all required masonry work and/or structural work.
   4. A licensed electrician must perform all electrical work to and from units electrical components, perform the final electrical hookup, and perform all the electrical grounding and bonding required for the unit and options selected. Installation diagrams of panel manufacturers must be followed and installation documentation must be completed and returned as noted in the D&I Guide and electrical manufacturer’s literature.
   5. Any aspect of the pool room, any mechanical pit design, or equipment substitution that does not comply with HydroWorx standard installation and design requirements, must be approved by HydroWorx and may result in delays and additional charges.

Standard Features

• .2 to 6 mph variable speed treadmill
• 27” x 54” variable depth running chamber
• Fully adjustable resistance jet with attachable 5’ massage hose
• Adjustable 7″ touch screen user control
• Foldable Seat
• Front and side handrails
• 1.5kW electric heater providing variable water temperature
• Commercial filtration and circulation system
• In-line brominator
• Project design support
• Installation
• Startup and in-service training

*All quotes are valid for 30 days.

 

Damages

HydroWorx will not be held responsible for any damage(s), including corrosion, to the HydroWorx equipment during the unloading, storage, staging and installation process that are completed by the General Contractor and/or Sub-contractors and their scopes of work, nor the associated costs to repair such damages, including any damages to finished surfaces, etc.