Terms & Conditions

I. General and Scope

CYA’s (“CYA”, “we” “us” “our”) deliveries of our S.O.S. Protect powered anodes and cathodic corrosion protection products and accessories’ (the “Products”) are provided exclusively on the following General Terms of Sale. These General Terms of Sale apply to all purchases of the Products without requiring any further reference to these General Terms of Sale.

II. Specification of Products

1. The documents that accompany delivery of the Product such as illustrations, drawings, weight and dimensional specifications, performance data, consumption data, and technical data and descriptions found in the respective Product information or advertising material are not warrantied. CYA does not guarantee the quality or durability of the items to be delivered by us.
2. When we make recommendations or statements on the characteristics or the applicability of our Products, they apply only in so far as the installer installs the Product in strict conformance with the installation instructions. We do not make any representations regarding the technical design of the water tank, the installation protocols and other operating and manufacturing conditions of buyer. Any recommendations regarding equipment and any information on the characteristics are based on the proper installation of our Products by the buyer, its representatives, or its customers.

III. Prices, Terms of Payment

1. The prices stated on the CYA website is the agreed price for the Product ordered. Full payment is made by buyer at the time of purchase on the CYA website. These prices does not include value-added tax or sales tax, as applicable, costs for packaging required for proper shipment, and if agreed upon, costs for transport insurance. There may be other country-specific dues in case the goods are delivered to foreign countries.

IV. Time of Delivery and Performance, Default

1. Stated delivery dates on a purchase are an approximate delivery date, unless a fixed date has expressly been agreed upon in writing. If delivery dates are exceeded for reasons within our control, the buyer shall have the option to cancel its purchase, by written notice provided from the buyer to CYA via its website, if we have failed to deliver the ordered Product within a 15-day grace period following the original stated delivery date.
2. We shall be in default only after the expiration of the 15-day grace period referenced in Section IV. 1., above. In case of Force Majeure and other unforeseeable, exceptional circumstances beyond our control such as breakdowns due to fire, water and similar circumstances, failure of production facilities and machinery, exceeding the term of delivery or failure to deliver on the part of our suppliers as well as breakdowns due to a shortage of raw materials, energy or manpower, strikes, lock-outs, problems with the provision of means of transport, traffic problems, official interventions, we shall – as far as we are prevented from fulfilling our obligations through no fault of our own – be entitled to postpone the delivery or the performance for the duration of the impediment plus a reasonable lead time. If the delivery or performance is hereby delayed by more than one month, both we and the buyer shall be entitled to cancel the subject purchase with respect to the quantity affected by the disruption in delivery.
3. In each case of default, our liability for damages is limited in accordance with Section VII, below.

V. Transfer of Risks, Transport and Packaging Costs

1. Unless otherwise agreed upon, the ordered Product will be delivered by a product delivery vendor selected by CYA to the address of buyer, or the location designated by buyer when the purchase is made by buyer on our website. In the case of shipment to a location designated by buyer other than buyer’s formal address, the risk of accidental loss and accidental deterioration of the delivered items passes to buyer at the time the items are ready for collection and after the buyer has received the ready-for-collection notice.
2. We shall choose the dispatch route if no other special agreements have been made in writing.
3. The packaging requested by the buyer or deemed necessary by us shall be at the buyer’s expense.

VI. Reselling of the Product(s)

1. Buyer shall be entitled to resell the delivered items purchased in the normal course of business in accordance with applicable laws.

VII. Rights of Buyer in Case of Defects and LIMITED WARRANTY

1. The rights of the buyer in case of defects require buyer’s full compliance with its obligation to inspect the Products upon receipt and its obligation to notify CYA through the website within 2 business days from buyer’s receipt of the defective Product(s).
2. In the case of a defect in items delivered by us, we shall only be required to either eliminate the defect or to deliver goods free from defects (retroactive performance), at our option. If we are not able to deliver retroactive performance, especially if retroactive performance cannot be timely delivered for reasons for which we are responsible, or if the retroactive performance fails for any other reason, buyer may cancel its purchase and obtain a refund of the price of the Product purchased, but not packaging and shipping costs. A correction of defects shall be deemed to have failed after the third attempt, so long as such failure(s) are not due to circumstances caused by buyer or within buyer’s control. If the buyer has suffered any form of monetary damage resulting from defects of the items delivered by us, our liability is limited and defined in Section VIII. and Section IX.
3. A defect in the Products delivered by us cannot be claimed if insufficient corrosion protection or a malfunction is the result of:
   • A defect in the equipment to be protected by the Product, which equipment we do not manufacture or control,
   • Water quality that does not comply with the requirements of the Drinking Water Ordinance,
   • A non-professional, improper modification or repair work carried out by the buyer or a third party not in accordance with the instructions enclosed with the respective Product,
   • An improper application of our Products that is not in accordance with the instruction manual, or
   • An improper quality of the tank.
4. Recourse claims of the buyer against us are valid only if the buyer has not made agreements with its customer exceeding the contractual limits for claims for defects established in this agreement, below.
5. The provisions in Section VIII. (liability) shall define, limit and control claims for damages. Additional claims or claims other than those defined in this Section VII and Section VIII against us, our agents and affiliates because of defects are barred.
6. LIMITED WARRANTY. CYA warrants the S.O.S. Protect powered anode to be free from defects in material and workmanship for a period of 20 years from the date of original purchase. CYA agrees to, at its option,
   • replace the Product with a new or a refurbished equivalent Product, or
   • refund the original purchase price for the Product.

   The decision to replace or refund will be made by CYA. This warranty is given only to the original purchaser of the Product, either directly from CYA or through a CYA authorized reseller, such as a licensed plumber or plumbing equipment supply company, which Product was not sold “as is”, and which Product was delivered to the original purchaser in new condition in the original package. THIS WARRANTY IS NON-TRANSFERABLE. Further, this warranty is valid only if the original purchaser registers its warranty on the CYA website within 90 days from the date of original purchase, provided the Product is installed in a non-commercial or non-industrial application. This warranty ONLY COVERS failures due to defects in materials or workmanship and DOES NOT COVER normal wear and tear or cosmetic damage. Further, this warranty is exclusive to our Product and the warranty does not cover the water tank or any other products installed in, pertaining to, or made part of the water tank. Failures which are caused by products not supplied by CYA, or failures which result from accident, misuse, abuse, neglect, mishandling, misapplication, alteration, faulty installation, mis-adjustment of water tank controls, improper maintenance, modification, or service of the Product or water tank by a party other than CYA. THIS EXPRESS, LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CYA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.

VIII. Liability

1. CYA shall be liable for buyer’s damages or wasted expenditures only if the damages or the wasted expenditures
   • have been caused by us or by one of our agent’s, or
   • is the result of gross negligence on our part or on the part of one of our agents.
2. If we are liable according to Section VIII. 1. a), without evidence of gross negligence or intent, our liability for damages shall be limited to the foreseeable and typically occurring damage. We shall not be liable for loss of profit to the buyer or unforeseeable, indirect damages.
3. The limitations of liability defined in Section VIII. 1. and 2. do not apply in the event our liability is defined and mandated by the provisions of any applicable Product Liability Law. The liability limitations named in Section VIII. 1. shall not apply to claims based on loss of life, injury to body or health. If the item delivered by us lacks a guaranteed quality, we shall only be liable for such damage covered by the warranty.
4. An extended liability for damages other than that defined in Section VIII. 1 to 3. is excluded – irrespective of the legal form of the asserted claim. This exclusion applies to claims for damages resulting from a default in the performance of contract or due to claims in tort.

IX. Limitation of Claims

1. Claims raised by the buyer due to defects in Products delivered by us, must be made within one year from the beginning of the statutory limitation period.
2. The provisions covered in Section IX. 1. above, shall not apply to the limitation of claims resulting from loss of life, injuries to body and health as well as the limitation of claims in accordance with any product liability statute, if any, and due to material defects in the items delivered by us. For the cases mentioned in this Section IX. 2, the statutory limitation periods shall apply to the limitation of claims.

X. Place of Performance, Place of Jurisdiction, Applicable Law

1. Place of performance and sole place of jurisdiction for all claims between us and buyers of our Products is the state of Michigan. However, we shall have the right to initiate legal proceedings against a buyer at the place of jurisdiction of the buyer.