Product Disclaimer and Limitation of Liability
Garcia Water Care of El Paso LLC ("Garcia Water Care") is an authorized dealer of Puronics water softeners and other water filtration accessories and equipment ("the Product"). The Products sold by Garcia Water Care are manufactured by third-party companies, including Puronics Water Systems Inc.
1. No Warranties by Garcia Water Care: Garcia Water Care does not manufacture the Products and provides them "as is," without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Any warranties applicable to the Products are provided solely by the manufacturers. Customers are advised to review the specific terms and conditions of any manufacturer's warranty that may apply to their purchase.
2. Limitation of Liability: Garcia Water Care shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to property damage, personal injury, loss of use, or any other losses or expenses, arising out of or related to the installation, use, or inability to use the Products, even if Garcia Water Care has been advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law.
3. Indemnification: The customer agrees to indemnify, defend, and hold harmless Garcia Water Care, its owners, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from or related to the installation, use, maintenance, or operation of the Products, including but not limited to any leaks, failures, or malfunctions.
4. Customer Responsibility: The customer is solely responsible for the proper installation, maintenance, and operation of the Products in accordance with the manufacturer's instructions and applicable laws and regulations. Garcia Water Care recommends that all Products be professionally installed and maintained to ensure proper functioning and to minimize the risk of leaks or other malfunctions. Failure to follow the manufacturer's guidelines and recommendations may void any applicable warranties and release Garcia Water Care from any liability.
5. Acknowledgment of Risk: By purchasing the Products, the customer acknowledges and accepts the inherent risks associated with the installation and use of water filtration equipment, including the risk of leaks, malfunctions, or other damages. The customer agrees to assume all such risks and waives any claims against Garcia Water Care for any damages or losses that may result.
6. Dispute Resolution: Any disputes arising out of or related to the Products or this disclaimer shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any legal actions shall be brought exclusively in the state or federal courts located in El Paso, Texas.
7. Agreement to Terms: By purchasing and using the Products from Garcia Water Care, you ("the Customer") acknowledge that you have read, understood, and agree to all terms and conditions of this disclaimer. If you do not agree with these terms, you must not purchase or use the Products.
SMS/Text Message Terms and Conditions
By providing your mobile phone number and opting in to receive text messages from Garcia Water Care, you agree to the following terms:
Types of Messages: You may receive text messages related to appointment reminders, service updates, delivery notifications, promotional offers, and other information about Garcia Water Care products and services.
Message Frequency: Message frequency varies based on your interactions with us. You may receive up to 4 messages per month, though frequency may increase during active service periods or promotional campaigns.
Message and Data Rates: Message and data rates may apply. Please contact your wireless carrier for details about your text messaging plan.
Opt-Out Instructions: You may opt out of receiving SMS/text messages at any time. To opt out, reply STOP to any message you receive from us. You will receive a one-time confirmation message, and no further messages will be sent unless you opt back in.
Help Instructions: For assistance with our text messaging program, reply HELP to any message or contact us at hello@garciawatercare.com or call our office directly.
Privacy: Your mobile phone number and the information you provide will not be shared with third parties for marketing purposes. For more information, please review our Privacy Policy.
Carrier Disclaimer: Garcia Water Care is not responsible for delayed or undelivered messages due to carrier network issues.
By opting in to receive text messages, you confirm that you are the owner or authorized user of the mobile device and that you are at least 18 years of age.