DOLPHIN SOLUTIONS USA, INC.
LIMITED WARRANTY

1. INTRODUCTION

• 1.1 This document sets out the warranties Dolphin shall provide with respect to Dolphin products purchased by a Customer in accordance with the Contract.
• 1.2 Unless otherwise defined or the context requires otherwise, defined terms in this document have the same meaning as that given to them in Dolphin’s Terms and Conditions for the Supply of Goods which can be found here.

2. LIMITED WARRANTY

• 2.1 In order to avail itself of the benefit of the warranties, the Customer must:
  • 2.1.1 provide Dolphin with the original proof of purchase;
  • 2.1.2 provide Dolphin with any applicable certification of installation;
  • 2.1.3 comply with the provisions of clause 3.1, below; and
  • 2.1.4 reasonably respond with sufficient detail to any questions from Dolphin relating to the Goods, including the use and installation of the Goods.

• 2.2 Dolphin warrants that on delivery of the Goods to the Delivery Location in accordance with the Contract and for the applicable Warranty Period described in clause 2.5, the Goods shall:
  • 2.2.1 conform in all material respects with the Specification; and
  • 2.2.2 be free from material defects in design, material and workmanship, ordinary wear and tear excepted.

For the avoidance of doubt this Limited Warranty does not apply to any consumables.

• 2.3 Damage arising from or related to mold, mildew, lime, scale, dirt, foreign bodies, hard water, or corrosion are not covered by and are expressly excluded from this Limited Warranty.
• 2.4 Breakage of glass is not covered by this Limited Warranty.
• 2.5 The warranty period applicable to the Goods shall be a maximum of 1 year unless otherwise stated in the following table or agreed to in the Contract (“Warranty Period”):

3. DEFECTIVE GOODS AND RETURNS

• 3.1 The Customer may make a claim under this Limited Warranty during the applicable Warranty Period as follows:
  • 3.1.1 Notice of the warranty claim must be provided to Dolphin within fourteen (14) days of the date the defect became apparent.
    • 3.1.1.1 The notice of warranty claim shall contain sufficient details as to the basis of the warranty claim, including a detailed description of the alleged defect and high quality pictures of the alleged defect, in particular, and the Goods (including the general area in which the Goods are installed) in general.
  • 3.1.2 Dolphin must be provided with a reasonable opportunity to examine the Goods and the general area in which the Goods are installed.
  • 3.1.3 Upon Dolphin’s request, the Customer shall return such Goods to the Dolphin’s place of business or, at Dolphin’s option, to the manufacturer, at the Customer’s cost.
• 3.2 Dolphin shall not be liable for the Goods’ failure to comply with the warranties set out in paragraph 2.2 if:
  • 3.2.1 the Customer makes any further use of such Goods after giving notice in accordance with clause 3.1;
  • 3.2.2 the Customer (directly or indirectly via any third party) alters or repairs or has altered or repaired such Goods without the written consent of the Dolphin;
  • 3.2.3 the Goods are used by the Customer outside of the purpose as intended in the Specification;
  • 3.2.4 the Goods are used by the Customer outside of the purpose as intended in the Specification;
  • 3.2.5 the defect arises:
    • 3.2.5.1 because the Customer failed to follow Dolphin’s (and/or the manufacturer’s) oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practices regarding the same;
    • 3.2.5.2 as a result of Dolphin following any drawing, design or specification supplied by the Customer;
    • 3.2.5.3 as a result of ordinary wear and tear, willful damage, negligence, or abnormal storage or working conditions;
    • 3.2.5.4 as result of foreign bodies, dirt, lime, scale, or hard water introduced by the water supply; or
    • 3.2.5.5 as a result of pressures or temperatures exceeding recommended limits.
  • 3.2.6 For ALAVO projects only, Dolphin shall not be liable for the Goods’ failure to comply with the warranties set out in paragraph 2.2 if:
    • 3.2.6.1 An installer approved in writing by Dolphin is not used;
    • 3.2.6.2 Soap cartridge refills approved or supplied by Dolphin are not used; or
    • 3.2.6.3 S3 by Dolphin (formerly known as PPM – Planned Preventative Maintenance) arrangements are not implemented within one (1) year following the date that the ALAVO products are installed.

4. REMEDIES

• 4.1 If the Customer makes a valid warranty claim in accordance with the provisions of clause 3.1, then Dolphin shall in its sole discretion either
  • 4.1.1 repair or replace the defective Goods; or
  • 4.1.2 refund the price of the defective Goods in full.
• 4.2 Once Dolphin has provided one of the remedies set out at clause 4.1, it shall have no further liability to the Customer for the defective Goods’ failure to comply with the warranties set out at clause 2.2.
• 4.3 The terms of this Limited Warranty shall apply to any repaired or replacement Goods supplied by Dolphin.

5. LIMITATION OF LIABILITY

• 5.1 Except as provided herein, Dolphin shall, under no circumstances, be responsible for any damages, whether direct, indirect, incidental, special, or consequential, or otherwise, including loss of profits or business interruption, resulting from or relating to allegedly defective Goods. Customer hereby waives and releases Dolphin from all such damages and further agrees to indemnify and hold Dolphin harmless from any such damages and/or any claims for any damages which are waived and released herein.
• 5.2 To the fullest extent allowed by law and except for the Limited Warranty provided herein, Dolphin hereby expressly rejects and disclaims all other warranties, whether express or implied, including the warranties of merchantability and fitness for a particular purpose.
• 5.3 This Limited Warranty shall be governed by the laws of the State of Maryland, without regard to its conflict of laws rules.
• 5.4 The parties shall seek to resolve any disputes relating to any warranty claims through good faith negotiations between principals of Dolphin and Customer. If unsuccessful, the dispute shall be resolved in the State or Federal courts having jurisdiction in Baltimore County, Maryland. Both parties hereby expressly consent to the personal jurisdiction and venue of such courts.
• 5.5 GIVEN THE COMPLEXITIES OF CONSTRUCTION LITIGATION, THE PARTIES HEREBY EXPRESSLY WAIVE THEIR RIGHT TO HAVE THEIR DISPUTES RESOLVED BY A JURY TRIAL, AND HEREBY EXPRESSLY AGREE THAT ALL LITIGATION BETWEEN THEM OR INVOLVING THE GOODS SHALL BE RESOLVED ONLY BY A SINGLE JUDGE CONDUCTING A BENCH TRIAL.