If you purchase products from Aquaporin, your signed agreement shall be applicable. In case no specific agreement is signed these General Terms and Conditions of Sale shall apply to all products, except for forward osmosis systems, purchased from Aquaporin. Please view our
General Terms and Conditions of Sale below.
The warranty provided by Aquaporin varies depending on the type of product. Please choose your product type below.
If you order a product sample from Aquaporin, the General Terms and Conditions for Free or Discounted Samples shall apply. Please view our General Terms and Conditions for Free or Discounted Samples below.
1.1. Unless otherwise explicitly agreed in writing between the Parties, these General Terms and Conditions of Sale detailed herein (the “GTCS”) shall apply to all sales of Products by Aquaporin A/S, Nymøllevej 78, 2800 Kongens Lyngby, Denmark, Danish CVR No. 28315694, or any of its affiliates (“AQP”) to its customers (“Customer”). AQP and Customer may be referred to herein collectively as the “Parties” and each individually as a “Party”.
1.2. “Products” shall mean the products as has been listed in a sales quote or order confirmation issued by AQP.
1.3. Any terms or conditions submitted by Customer to AQP which are inconsistent with, different than, or additional to these GTCS are hereby rejected by AQP, unless otherwise explicitly agreed in writing between the Parties.
1.4. These GTCS shall apply if reference has been made to them, unless otherwise explicitly agreed in writing between the Parties.
2.1. All sales quotes made by AQP shall be open for acceptance within thirty (30) calendar days from the date of issue, unless otherwise specifically stated therein or agreed in writing between the Parties.
2.2. All orders issued by Customer shall specify, as a minimum, relevant Products, quantity, applicable unit prices, delivery place and requested delivery dates, if any.
2.3. Customer shall send its orders for Products via email to sales@aquaporin.com. AQP shall, within seven (7) Business Days after receipt of an order, notify Customer of its acceptance or rejection of such order and, if accepted, of the estimated date of delivery. “Business Day” shall mean a business day on which AQP and Customer are open, but excluding Saturdays, Sundays and days on which commercial banks in the countries of AQP and Customer are closed.
2.4. A binding individual agreement for the sale of Products (“Agreement”) shall be deemed to exist only when AQP has confirmed an order in writing. If any discrepancies occur in AQP’s order confirmation, Customer shall immediately notify AQP hereof. Otherwise, AQP’s order confirmation shall be deemed accepted by Customer.
3.1. All sales of Products to Customer shall be made at the prices set forth in AQP’s sales quote. Unless otherwise stated in an applicable sales quote, all prices quoted by AQP are net prices, for delivery EXW, AQP’s warehouse (Incoterms® 2020), exclusive of taxes and duties.
3.2. Prices shall be based on the raw material prices, subsidies, rates of exchange, customs tariffs, etc. in force on the date of the sales quote. In the event of material changes to such raw material prices, subsidies, rates, tariffs, etc. AQP reserves the right to adjust and change the prices and, by that, an Agreement accordingly.
3.3. Unless otherwise stated in an applicable sales quote, all payments to AQP shall be made in DKK against invoice within thirty (30) calendar days from invoice date without offset or deduction. Payment shall not be deemed to have been effected before AQP’s account has been fully and irrevocably credited.
3.4. In the event that Customer is granted a credit, AQP may require Customer to provide appropriate security for such credit on terms approved by AQP.
3.5. Any amounts required to be paid by Customer to AQP hereunder which are overdue, shall be subject to a default interest as from the due date until the date of receipt of payment at the rate of 2% per month. In addition hereto, AQP may, after having notified Customer in writing, stop shipments of Products and otherwise suspend its performance of an Agreement until it receives payment.
3.6. To the extent permitted by applicable law, the title to Products shall remain vested in AQP, and shall not pass to Customer, until Customer has paid for Products in full.
4.1. Unless otherwise stated in an applicable sales quote or order confirmation, all deliveries of Products shall be made on delivery terms EXW, AQP’s warehouse (Incoterms® 2020). The passing of risk in Products shall be regulated in accordance with the said delivery term.
4.2. AQP shall endeavour to deliver Products on the date of delivery notified by AQP in its acceptance of a submitted order (cf. section 2.3). If AQP anticipates that it will not be able to deliver Products on the said date, AQP shall forthwith notify Customer hereof, stating the reason for the delay and, if possible, provide Customer with a new estimated date of delivery.
4.3. AQP’s compliance with the delivery date is conditional upon Customer’s fulfilment of its own contractual obligations, including but not limited to AQP’s punctual receipt from Customer of specifications, documentation, permissions and advance payments (if applicable). If Customer fails such fulfilment, the delivery date
shall be extended accordingly.
4.4. If AQP fails to deliver Products within fourteen (14) Business Days of a delivery date specified in a revised order confirmation (cf. section 4.2) and does not inform Customer of the delay, Customer may terminate an applicable Agreement in whole or in part (as to those Products affected by the delay) by providing written notice of termination to AQP within seven (7) Business Days of the expiration of the grace period.
4.5. If Customer fails to collect Products at the agreed date of delivery, AQP shall arrange for storage of Products at the risk and expense of Customer until actual delivery or cancel an Agreement or any part thereof, in either case without prejudice to any other right or remedy available to AQP. AQP shall, however, provide Customer with fourteen (14) Business Days advance notification of
its decision.
4.6. AQP reserves the right to make delivery in instalments. Each instalment shall be regarded as fulfillment of a separate and independent Agreement.
5.1. Customer shall inspect Products delivered upon receipt. Customer is deemed to have accepted Products delivered, unless written notice of rejection specifying the reasons for rejection is received by AQP within five (5) Business Days after delivery of Products. The foregoing only applies to defects reasonably discoverable without opening individual packaging of Products.
6.1. The warranty given by AQP, during the Warranty Period, is specified in the limited warranty policy relevant for each Product (the “Limited Warranty”). The Limited Warranty includes, but is not limited to the scope, AQP’s obligations and the Customer’s remedies, exclusions and limitations.
6.2. “Warranty Period” means the period of time during which the warranty applies, and which period varies depending on the type of Product and is specified in the Limited Warranty.
6.3. THE WARRANTY SET FORTH IN THIS SECTION 6 IS THE ONLY WARRANTY APPLICABLE BETWEEN THE PARTIES WITH RESPECT TO PRODUCTS AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQP DISCLAIMS AND EXCLUDES ALL WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 6, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7.1. In the event any third party claims, suits or actions are brought against Customer during the Warranty Period, alleging bodily injury (including death) or damage to property caused by defects in Products, AQP agrees to indemnify and hold Customer harmless for any and all claims, costs, damages, expenses (including the reasonable fees of attorneys and other professionals), liabilities and other responsibilities incurred or sustained Customer, provided that:
7.2. AQP shall have the right, but not be obligated to, assume the defence of any claim made in accordance with section 7.1 at AQP’s own cost and expense and Customer shall in such case, at AQP’s cost and expense, provide such information, cooperation, and assistance to AQP as may be reasonably necessary to assist AQP in its defence against any such claim. Customer may not settle or otherwise enter into any agreement with any claimant, nor make any admission which may be prejudicial to the interest of AQP, without AQP’s prior written consent.
7.3. Notwithstanding anything to the contrary in an Agreement, the liability of AQP under this section 7 shall only apply and be limited to what is payable from the product liability insurance taken out and maintained by AQP.
7.4. THE FOREGOING PROVISIONS OF THIS SECTION 7 SET FORTH THE SOLE, EXCLUSIVE AND ENTIRE LIABILITY OF AQP AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS SUITS, OR ACTIONS RELATED TO BODILY INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE.
8.1. Customer shall be fully liable for, and shall keep AQP indemnified and held harmless against any and all losses, claims, liabilities, damages, costs and expenses (including the reasonable fees of attorneys and other professionals) of every nature and kind incurred or sustained by AQP or otherwise arising out of or relating to Customer’s sale, promotion and marketing of Products, including any misrepresentations or false statements made by Customer to its customers regarding Products. In addition hereto, should Customer, by act or omission, be in breach of an Agreement, Customer shall assume full liability for any loss or damage incurred by AQP as a result of such breach by Customer.
8.2. The indemnity shall apply regardless of where the occurrence giving rise to the claim took place or where the claim is asserted. AQP shall give Customer notice of any claim and of any legal proceedings within the scope of the indemnity and shall give Customer the right to conduct the negotiations of any such claim and the defence of any such legal proceeding, subject to the right of AQP to be associated with such negotiation or defence.
9.1. “Intellectual Property Rights” or “IPR” shall mean any and all patents, copyrights, rights in databases/database rights, design rights, registered designs, technical information, know how,
trademarks, domain names, applications for any of the foregoing, sui generis rights, moral rights, and other industrial, proprietary property and/or intellectual property rights, in each case whether registered or unregistered and including the right to apply for registration of the same wherever subsisting in the world and such other similar protected rights in any country and any licenses under or in respect of such rights and including the exclusive right to do and to authorize others to do any and all acts in relation to such rights throughout the world including the right to claim damages for conversion in respect of any infringing works.
9.2. Customer recognises AQP’s right, title and interest in and to the IPR relating to Products and any documentation and drawings provided by AQP in conjunction with a sale or delivery of any Products. Any documentation or drawings provided by AQP to Customer shall not be used for any other purpose than that for which they were provided and may not without the prior written
consent of AQP otherwise be used or copied, reproduced, transmitted or communicated to third parties.
10.1. If any Product as delivered hereunder is held to infringe a third party’s IPR and Customer is enjoined from using same, AQP may, at its expense and option, (a) modify Product without impairing in any respect the functionality, capacity or performance, so that it is non-infringing; (b) procure for Customer the right to continue to use and sell Product; or (c) refund the purchase price of Products less a reasonable amount for usage.
10.2. THE FOREGOING PROVISIONS OF THIS SECTION 10 SET FORTH THE SOLE, EXCLUSIVE AND ENTIRE LIABILITY OF AQP AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.
11.1. EXCEPT FOR EITHER PARTY’S BREACH OF SECTION 12 “CONFIDENTIALITY” AND CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8 “INDEMNIFICATION BY CUSTOMER” AND SECTION 9 “INTELLECTUAL PROPERTY RIGHTS”, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT, LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER LEGAL THEORY, SHALL EITHER PARTY WITH RESPECT TO ANY MATTERS RELATING TO AN AGREEMENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL BE DEEMED INDEPENDENT OF, AND SHALL SURVIVE, ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER ANY WARRANTY AND/OR THE TERMS AND CONDITIONS OF AN AGREEMENT.
11.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN AN AGREEMENT, AQP’s TOTAL AND AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM AN AGREEMENT SHALL BE LIMITED TO AND IN NO CASE EXCEED THE AMOUNT CUSTOMER HAS PAID FOR PRODUCTS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
11.3. The foregoing limitations shall not apply in case of gross negligence or wilful misconduct of the defaulting Party.
12.1. Each Party undertakes, and shall cause all officers, employees and other persons concerned by an order or Agreement to undertake, to keep secret all information received from the other Party and not to use the same except to the extent necessary to fulfil its rights and obligations under an order or Agreement.
13.1. Each Party shall be excused from performing of one or more of its obligations under an Agreement, if and to the extent that the affected Party proves: (a) that the occurrence of an event or circumstance that prevents or impedes a Party from performing one or more of its obligations under an Agreement is beyond its reasonable control; and (b) that it could not reasonably have been foreseen at the time of the conclusion of an Agreement; and (c)
that the effects of the impediment could not reasonably have been avoided or overcome by the affected Party.
13.2. In the absence of proof to the contrary, the following events affecting a Party shall be presumed to fulfil conditions (a) and (b) under section 13.1: (i) war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilization; (ii) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy; (iii) currency and trade restriction, embargo, sanction; (iv) act of authority whether
lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalization; (v) plague, epidemic, natural disaster or extreme natural event; (vi) explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy, supply shortages by sub-contractors; (vii) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises.
13.3. A Party successfully invoking this section 13 is relieved from its duty to perform its obligations under an Agreement and from any liability in damages or from any other contractual remedy for breach of an Agreement, from the time at which the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time at which notice thereof reaches the other Party. Where the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment invoked impedes performance by the affected Party. Where the duration of the impediment invoked has the effect of substantially depriving the Parties of what they were reasonably entitled to expect under an Agreement, either Party has the right to terminate an Agreement by notification within a reasonable period to the other Party. Unless otherwise agreed, the Parties expressly agree that an Agreement may be terminated by either Party, if the duration of the impediment exceeds one hundred twenty (120) calendar days.
14.1. No press release or public announcement of any kind, nor issuing of any promotional material, relating to an order or an Agreement or its contents shall be made by Customer without AQP’s written approval.
15.1. Neither Party may without written approval of the other assign an Agreement or transfer its interest or any part thereof under an Agreement to any third party except that AQP may assign its rights or obligations to a third party in connection with the merger, reorganization or acquisition of stock or assets affecting all or substantially all of the properties or assets of AQP.
16.1. No waiver by AQP of any breach by Customer, or failure by AQP to insist on Customer’s performance of obligations shall be considered a waiver of any subsequent breach of the same or any other provision.
16.2. Should any provision of these GTCS be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of these GTCS shall remain in full force and effect and shall be construed in accordance with the modified provision.
16.3. Nothing in the relationship between AQP and Customer shall create an agency, partnership or joint venture between the Parties and in specific Customer shall not be entitled to make any representation or warranty on behalf of AQP.
16.4. Additional Agreements, provisions, amendments and supplements to these GTCS shall not be valid, unless made in writing and signed by both Parties.
17.1. These GTCS and all Agreements shall be governed and construed in accordance with the laws of Denmark without regard to the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
17.2. Any and all disputes between the Parties arising out of or in connection with these GTCS and all Agreements or the breach, termination or invalidity thereof shall – in the absence of an amicable solution to the dispute – be finally settled by Arbitration in accordance with the Rules of Procedure of the Danish Institute of Arbitration (Voldgiftsinstituttet). The arbitration tribunal shall be composed of one arbitrator selected and appointed by the institute. The Place of Arbitration shall be Copenhagen. The language of the proceedings shall be Danish, unless the Parties agree to English or any third language. Such arbitrations proceedings including any evidence exchanges as well as the contents of any award shall be confidential.
Last updated: July 2023
Aquaporin A/S (“Aquaporin”) provides a limited warranty (the “Warranty”) to the original purchaser covering materials, workmanship and performance of Aquaporin Inside® reverse osmosis membrane elements (the “RO Element(s)”) under the following terms and conditions:
1.1. Aquaporin warrants that the RO Element(s), under substantiated normal use, (i) will be free from defects in materials and workmanship; and (ii) will conform to the specifications relevant for the RO Element(s). This Materials and Workmanship Warranty shall be effective for twelve (12) months from the date of shipment from Aquaporin’s warehouse to the original purchaser (the “Materials and Workmanship Warranty Period”).
1.2. The original purchaser shall without undue delay notify Aquaporin of any defect that appears in the RO Element(s). Failure to notify Aquaporin of said defect, within thirty (30) calendar days from the date on which the defect is noticed or could have been noticed, shall mean that the original purchaser loses the right to have the defect remedied. A valid form of bill of sale or receipt, substantiating the purchase and the date thereof, must be presented to Aquaporin within the Materials and Workmanship Warranty Period to obtain warranty service.
2.1. Aquaporin warrants that the RO Element(s) have the initial minimum product flow rate and initial minimum salt rejection under standard test conditions as specified in the datasheets relevant for each RO Element, until the first to occur of:
2.2 If the provision of section 2.1a applies, the Initial Performance Warranty shall be deemed void if the original purchaser does not notify Aquaporin in writing of the RO Element(s) failure within thirty (30) calendar days after the First Use. Together with such notification a valid document, substantiating the installation and the date thereof, must be presented to Aquaporin. “First Use” means the first time that feed water is introduced to the RO Element(s).
2.3. If the provision of section 2.1b applies, the Initial Performance Warranty shall be deemed void if the original purchaser does not notify Aquaporin in writing of the RO Element(s) failure within thirty (30) calendar days following six (6) months after the date of delivery. Together with such notification a valid document, substantiating the delivery and the date thereof, must be presented to Aquaporin.
3.1. During the Prorated Performance Warranty Period defined in section 4 below when operated under standard conditions, Aquaporin warrants performance of the RO Element(s) as follows:
4.1. The Prorated Performance Warranty applies for three (3) years from whichever of the following events occurs first (the “Prorated Performance Warranty Period”):
5.1. The Prorated Performance Warranty set forth in section 3 above shall be rendered null and void if any of the following conditions are not respected or met:
6.1. For breach of Materials and Workmanship Warranty and Initial Performance Warranty
6.1.1. The sole remedy of the original purchaser and Aquaporin’s (including those affiliates involved in the distribution and sale of the RO Element(s)) exclusive liability under the Materials and Workmanship Warranty and the Initial Performance Warranty shall be limited to the repair, or at Aquaporin’s discretion, replacement of any RO Element(s), which is/are determined, after examination, to be defective under this provision.
6.1.2. Aquaporin may request for the return of defective RO Element(s) for the purpose of such examination. The original purchaser shall handle the returns and replacements of defective RO Element(s) in accordance with the instructions given by Aquaporin. Upon Aquaporin’s confirmation of breach of the Warranty, all shipping costs related to the replacement of the RO Element(s) will be paid by Aquaporin.
6.1.3. Repaired RO Element(s) or replacement RO Element(s) will be warranted under the terms set forth herein for the remainder of the original Materials and Workmanship Warranty Period or six (6) months, whichever is longer. When the RO Element(s) are replaced, all products that are replaced shall become the property of Aquaporin.
6.2. For breach of Prorated Performance Warranty
6.2.1. If Aquaporin determines that the warranty claim is valid, the sole remedy of the original purchaser and Aquaporin’s (including those affiliates involved in the distribution and sale of the RO Element(s)) exclusive liability under the Prorated Performance Warranty is limited to credit 1/36 of the original purchase price of the RO Element(s) for each unused month of the Prorated Performance Warranty Period towards the purchase of a replacement RO Element at the current prevailing price, excluding customs, taxes, levies, fees, installation work etc.
6.2.2. Aquaporin’s liability shall be limited to the extent that the total number of RO Element(s) supplied for replacement will be less than or equal to the number of initial RO Element(s) purchased.
6.2.3. Aquaporin may, at its discretion:
6.2.4. In case the result of such examination shows that (i) the failure of the RO Element(s) performance is due to a cause other than breach of the Prorated Performance Warranty, or (ii) the performance of the alleged defective RO Element(s) meets the Prorated Performance Warranty, the original purchaser shall pay to Aquaporin a fee of EUR 1,000 per calendar day, plus all direct expenses incurred by Aquaporin’s personnel in connection with any inspection and testing of such RO Element(s). Further, Aquaporin may return such alleged defective RO Element(s) to original purchaser freight collect.
7.1. This Warranty is contingent upon proper warehousing, shipment and substantiated normal use of the RO Element(s), and specifically does not apply if the RO Element(s) have had the serial or lot number altered, defaced or removed, or to defects attributable to (i) modifications to or alterations of the RO Element(s) by any party other than Aquaporin, (ii) faulty maintenance, incorrect installation or faulty repair by any party other than Aquaporin, (iii) use of the RO Element(s) for a purpose for which it was not designed or intended, (iv) normal wear and tear or deterioration, or (v) misuse, abuse, negligence or accidents.
7.2. This Warranty does not apply to RO Element(s) where Aquaporin has disclaimed the warranty obligation pertaining to the RO Element(s). Also, the Warranty only applies to RO Element(s) purchased from an authorized distributor/reseller.
8.1. The warranty service is subject to Aquaporin's examination and approval. To the extent the original purchaser desires to institute a warranty claim, it shall follow the claim procedure provided by Aquaporin.
8.2. Before returning any RO Element(s) to Aquaporin for any warranty examination, Aquaporin must be contacted to obtain permission to return the RO Element(s). For more information, please contact support@aquaporin.com. Any RO Element(s) shipped to Aquaporin or any of its affiliates without permission will be returned to shipper unopened, freight collected.
9.1. When antiscalant is used, its compatibility with the RO Element(s) must be confirmed by the antiscalant manufacturer.
9.2. Permeate obtained from the first hour of operation should be discharged.
9.3. The RO Element(s) must be under normal operation for at least twenty-four (24) hours before formaldehyde is used as a biocide. If the RO Element(s) are exposed to formaldehyde before the lapse of this period, an irreversible severe loss in flux may result.
10.1. THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY APPLICABLE BETWEEN AQUAPORIN’S DISTRIBUTOR/RESELLER AND AQUAPORIN WITH RESPECT TO THE RO ELEMENT(S) AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUAPORIN DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES AS SET FORTH HEREIN. IF LAWS UNDER SUCH JURISDICTIONS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIODS IDENTIFIED ABOVE, AND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY OR TO THE MINIMUM EXTENT REQUIRED BY MANDATORY LAW, NEITHER AQUAPORIN NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. AQUAPORIN’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL BE LIMITED TO AND IN NO CASE EXCEED THE PRICE PAID FOR THE RO ELEMENT(S). THESE LIMITATIONS ON POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE RO ELEMENT PRICE.
11.1. This Warranty is governed by and construed under the laws of Denmark without regard to its conflicts of laws provisions.
11.2. This Warranty may be subject to Aquaporin’s change at any time without notice.
Last updated: July 2023
Aquaporin A/S (“Aquaporin”) provides a limited warranty (the “Warranty”) to the original purchaser covering materials, workmanship and initial performance of Aquaporin Inside® reverse osmosis flat sheet membrane (the “RO FS”) under the following terms and conditions:
1.1. Aquaporin warrants that the RO FS, under substantiated normal use, (i) will be free from defects in materials and manufacturing workmanship that would prevent the RO FS from being used for the intended purpose; and (ii) will conform to the specifications relevant for the RO FS. This Materials and Workmanship Warranty shall be effective for six (6) months from the date of delivery to a carrier at a shipping point (the “Materials and Workmanship Warranty Period”).
1.2. The original purchaser shall without undue delay notify Aquaporin of any defect that appears in the RO FS. Failure to notify Aquaporin of said defect, within thirty (30) calendar days from the date on which the defect is noticed or could have been noticed, shall mean that the original purchaser loses the right to have the defect remedied. A valid form of bill of sale or receipt, substantiating the purchase and the date thereof, must be presented to Aquaporin within the Materials and Workmanship Warranty Period to obtain warranty service.
2.1. Aquaporin warrants that, after stabilization, the RO FS will meet the initial minimum water flux and salt rejection under standard test conditions as specified in the product specifications, until the first to occur of:
2.2. If the provision of clause 2.1a applies, the Initial Performance Warranty shall be deemed void if the original purchaser does not notify Aquaporin in writing of the RO FS failure within thirty (30) calendar days after the first day of use of the RO FS in the element manufacturing. Together with such notification a valid document, substantiating the element manufacturing and the date thereof, must be presented to Aquaporin.
2.3. If the provision of clause 2.1b applies, the Initial Performance Warranty shall be deemed void if the original purchaser does not notify Aquaporin in writing of the RO FS failure within thirty (30) calendar days following six (6) months after the date of delivery to a carrier at a shipping point. Together with such notification a valid document, substantiating the delivery and the date thereof, must be presented to Aquaporin.
2.4. Aquaporin does not warrant initial discoloration of permeate water during initial flushing. Upon startup, the permeate water output during the initial first hour of operation for flushing may exhibit discoloration and should be discarded.
2.5. Failure or refusal to disclose to Aquaporin the use and testing parameters of the RO FS in the event of failure of performance shall render the Initial Performance Warranty null and void.
3.1. For breach of the Materials and Workmanship Warranty and Initial Performance Warranty the sole remedy of the original purchaser and Aquaporin’s (including those affiliates involved in the distribution and sale of the RO FS) exclusive liability is limited to replacement of the RO FS, which is determined to be defective after examination. Aquaporin may request to return the defective RO FS for the purpose of such examination. The original purchaser shall handle the returns and replacements of defective RO FS in accordance with the instructions given by Aquaporin. Upon Aquaporin’s confirmation of breach of the Warranty, all shipping costs related to the replacement of the RO FS will be paid by Aquaporin.
3.2. Replacement RO FS will be warranted under the terms set forth herein for the remainder of (i) the original Materials and Workmanship Warranty Period, (ii) the original Initial Performance Warranty Period or (iii) three (3) months, whichever is longer.
4.1. This Warranty is contingent upon proper warehousing, shipment (as set forth in Appendix A “Storage and Shipping Conditions”) and substantiated normal use of the RO FS. This Warranty specifically does not apply if the RO FS have had the serial or lot number altered, defaced or removed, or to defects attributable to (i) modifications to or alterations of the RO FS by any party other than Aquaporin, (ii) faulty maintenance, incorrect installation or faulty repair by any party other than Aquaporin, (iii) use of the RO FS for a purpose for which it was not designed or intended, (iv) normal wear and tear or deterioration, (v) misuse, abuse, negligence or accidents.
4.2. This Warranty does not apply to the RO FS where Aquaporin has expressly disclaimed the warranty obligation pertaining to the RO FS. Also, the Warranty only applies to the RO FS purchased from an authorized distributor/reseller.
5.1. The warranty service is subject to Aquaporin’s examination and approval. To the extent the original purchaser desires to institute a warranty claim, it shall follow the claim procedure provided by Aquaporin.
5.2. Before returning any RO FS to Aquaporin for any warranty examination, Aquaporin must be contacted to obtain permission to return the RO FS. For more information, please contact support@aquaporin.com. Any RO FS shipped to Aquaporin or any of its affiliates without permission will be returned to shipper unopened, freight collected.
6.1. THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY APPLICABLE BETWEEN AQUAPORIN’S DISTRIBUTOR/RESELLER AND AQUAPORIN WITH RESPECT TO THE RO FS AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUAPORIN DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES AS SET FORTH HEREIN. IF LAWS UNDER SUCH JURISDICTIONS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIODS IDENTIFIED ABOVE, AND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY OR TO THE MINIMUM EXTENT REQUIRED
BY MANDATORY LAW, NEITHER AQUAPORIN NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL,
COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. AQUAPORIN’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL BE LIMITED TO AND IN NO CASE EXCEED THE PRICE PAID FOR THE RO FS. THESE LIMITATIONS ON POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE RO FS PRICE.
7.1. This Warranty is governed by and construed under the laws of Denmark without regard to its conflicts of laws provisions.
7.2. This Warranty may be subject to Aquaporin’s change at any time without notice.
Appendix A
1. The RO FS must be stored under the following conditions at all times:
2. During shipping, the RO FS must be transported under the following conditions at all times:
3. The Warranty will be null & void if the RO FS is exposed to more than 40°C.
4. To avoid damage, handle the RO FS roll with care. Avoid contacting the roll with sharp items, or putting the RO FS roll directly onto a surface/floor. To minimize the potential for contamination, handle the RO FS with clean hands or gloves.
Last updated: May 2023
1.1. Aquaporin A/S (“Aquaporin”) warrants the original purchaser that the Aquaporin Inside® hollow fiber forward osmosis modules (the “FO module(s)”) will be free from defects in workmanship and materials under normal use for a period of one (1) year from the date of shipment from Aquaporin’s warehouse, subject to the exclusions and limitations set out below (the “Warranty”).
1.2. The original purchaser shall without undue delay notify Aquaporin of any defect that appears in the FO Module(s). Failure to notify Aquaporin of said defect, within thirty (30) calendar days from the date on which the defect is noticed or could have been noticed, shall mean that the original purchaser loses the right to have the defect remedied. A valid form of bill of sale or receipt, substantiating the purchase and the date thereof, must be presented to Aquaporin within the warranty period, i.e., the period of time under
2.1. The sole remedy of the original purchaser and Aquaporin’s sole and exclusive liability shall be limited to replacement of the FO Module(s). Replacement products will be warranted under the terms set forth herein for the remainder of the original warranty period or ninety (90) calendar days, whichever is longer. When the FO Module(s) are replaced, all products that are replaced shall become the property of Aquaporin.
3.1. This Warranty is contingent upon proper warehousing, shipment and substantiated normal use of the FO Module(s), and specifically does not apply if the FO Module(s) have had the model or serial number altered, defaced or removed, or to defects attributable to (i) modifications to or alterations of the FO Module(s) by any party other than Aquaporin, (ii) faulty maintenance, incorrect installation or faulty repair by any party other than Aquaporin, (iii) use of the FO Module(s) for a purpose for which they were not designed or intended, (iv) normal wear and tear or deterioration, or (v) misuse, abuse, negligence or accidents.
3.2. This Warranty does not apply to FO Module(s) where Aquaporin has disclaimed the warranty obligation pertaining to the FO Module(s). Also, the Warranty only applies to FO Module(s) purchased from an authorized distributor/reseller.
4.1. The warranty service is subject to Aquaporin's examination and approval. To the extent the original purchaser desires to institute a warranty claim, it shall follow the claim procedure provided by Aquaporin.
4.2. Before returning any FO Module(s) to Aquaporin for any warranty examination, Aquaporin must be contacted to obtain permission to return the FO Module(s). For more information, please contact support@aquaporin.com. Any FO Module(s) shipped to Aquaporin or any of its affiliates without permission will be returned to shipper unopened, freight collected.
5.1. THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY APPLICABLE BETWEEN AQUAPORIN’S ORIGINAL PURCHASER AND AQUAPORIN WITH RESPECT TO THE FO MODULE(S) AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUAPORIN DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES AS SET FORTH HEREIN. IF LAWS UNDER SUCH JURISDICTIONS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE, AND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY OR TO THE MINIMUM EXTENT REQUIRED BY MANDATORY LAW, NEITHER AQUAPORIN NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. AQUAPORIN’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL BE LIMITED TO AND IN NO CASE EXCEED THE PRICE PAID FOR THE FO MODULE(S). THESE LIMITATIONS ON POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE FO MODULE(S) PRICE.
6.1. This Warranty is governed by and construed under the laws of Denmark without regard to its conflicts of laws provisions.
6.2. This Warranty may be subject to Aquaporin’s change at any time without notice.
Last updated: July 2023
1.1. Aquaporin A/S (“Aquaporin”) warrants the original purchaser (the distributor/reseller) that the Purifier(s) will be free from defects in design, workmanship and materials under normal use for a period of one (1) year from the date of shipment from Aquaporin’s warehouse, subject to the exclusions and limitations set out below (the “Warranty”). This Warranty is only applicable to the purifier(s) and accessories included with the Purifier(s) on the date of the original purchase (jointly the “Purifier(s)”).
1.2. The original purchaser shall without undue delay notify Aquaporin of any defect that appears in the Purifier(s). Failure to notify Aquaporin of said defect, within thirty (30) calendar days from the date on which the defect is noticed or could have been noticed, shall mean that the original purchaser loses the right to have the defect remedied. A valid form of bill of sale or receipt, substantiating the purchase and the date thereof, must be presented to Aquaporin within the warranty period, i.e., the period of time under which the Purifier(s) are covered by this Warranty, to obtain warranty service.
2.1. The sole remedy of the original purchaser and Aquaporin’s sole and exclusive liability shall be limited to, at Aquaporin’s sole discretion, either (i) repair of the Purifier(s) using new or refurbished replacement parts, or (ii) replacement of the Purifier(s). Repaired Purifier(s) or replacement products will be warranted under the terms set forth herein for the remainder of the original warranty period or ninety (90) calendar days, whichever is longer. When the Purifier(s) or part thereof are replaced, all products or parts thereof that are replaced shall become the property of Aquaporin.
3.1. This Warranty is contingent upon proper warehousing, shipment and substantiated normal use of the Purifier(s), and specifically does not apply if the Purifier(s) has had the model or serial number altered, defaced or removed, or to defects attributable to (i) modifications to or alterations of the Purifier(s) by any party other than Aquaporin, (ii) faulty maintenance, incorrect installation or faulty repair by any party other than Aquaporin, (iii) use of the Purifier(s) for a purpose for which they were not designed or intended, (iv) normal wear and tear or deterioration, or (v) misuse, abuse, negligence or accidents.
3.2. This Warranty does not apply to Purifier(s) where Aquaporin has disclaimed the warranty obligation pertaining to the Purifier(s). Also, the Warranty only applies to Purifier(s) purchased from an authorized distributor/reseller.
4.1. The warranty service is subject to Aquaporin's examination and approval. To the extent the original purchaser desires to institute a warranty claim, it shall follow the claim procedure provided by Aquaporin.
4.2. Before returning any Purifier(s) to Aquaporin for any warranty examination, Aquaporin must be contacted to obtain permission to return the Purifier(s). For more information, please contact support@aquaporin.com. Any Purifier(s) shipped to Aquaporin or any of its affiliates without permission will be returned to shipper unopened, freight collected.
5.1. THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY APPLICABLE BETWEEN AQUAPORIN’S DISTRIBUTOR/RESELLER AND AQUAPORIN WITH RESPECT TO THE PURIFIER(S) AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AQUAPORIN DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES AS SET FORTH HEREIN. IF LAWS UNDER SUCH JURISDICTIONS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIODS IDENTIFIED ABOVE, AND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY OR TO THE MINIMUM EXTENT REQUIRED BY MANDATORY LAW, NEITHER AQUAPORIN NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. AQUAPORIN’S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL BE LIMITED TO AND IN NO CASE EXCEED THE PRICE PAID FOR THE PURIFIER(S). THESE LIMITATIONS ON POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE PURIFIER(S) PRICE.
6.1. This Warranty is governed by and construed under the laws of Denmark without regard to its conflicts of laws provisions.
6.2. This Warranty may be subject to Aquaporin’s change at any time without notice.
Last updated: July 2023
1.1. The General Terms and Conditions detailed herein (the “GTC”) shall apply to your (“Customer”, “You” or “Your”) order of Samples from Aquaporin if reference has been made to them, unless otherwise explicitly agreed in writing between the Parties. Aquaporin and Customer may be referred to herein collectively as the “Parties” and each individually as a “Party”.
1.2. “Aquaporin” shall mean Aquaporin A/S, Nymøllevej 78, 2800 Kongens Lyngby, Denmark, Danish CVR No. 28315694, or any of its affiliates providing Samples.
1.3. “Sample(s)” shall mean the free or discounted samples as has been stated in a shipment note or export invoice issued by Aquaporin.
1.4. The scope of these GTC concerns Samples only, and these GTC do not constitute a purchase agreement for products or other services between Aquaporin and Customer.
2.1. Customer shall use Samples for its own account, and shall not use Samples for commercial purposes.
3.1. Unless otherwise specified in an applicable quote issued by Aquaporin, Samples are supplied free of charge, exclusive of delivery costs.
3.2. Customer shall pay all delivery costs in connection with the delivery of Samples, unless otherwise specified in an applicable quote issued by Aquaporin. The delivery may be arranged by Aquaporin and invoiced to Customer. Customer shall make the payment before the delivery.
4.1. In exchange for supply of Samples Customer agrees to provide Aquaporin with the following feedback regarding Samples, no later than one month after their receipt:
4.1.1. Feedback regarding Samples of Aquaporin Inside® reverse osmosis membrane elements:
4.1.2. Feedback regarding Samples of Aquaporin Inside® hollow fiber forward osmosis modules (“FO modules”):
4.1.3. Feedback regarding Samples of purifiers:
5.1. Customer hereby agrees that Aquaporin may use Customer’s name, data and other information related to tests of Samples performed by Customer to make a case study for Aquaporin’s external references.
6.1. Any obtained test results related to Samples are confidential and cannot be shared to any third party without prior written consent.
7.1. “Intellectual Property Rights” or “IPR” shall mean any and all patents, copyrights, rights in databases/database rights, design rights, registered designs, technical information, know how, trademarks, domain names, applications for any of the foregoing, sui generis rights, moral rights, and other industrial, proprietary property and/or intellectual property rights, in each case whether registered or unregistered and including the right to apply for registration of the same wherever subsisting in the world and such other similar protected rights in any country and any licenses under or in respect of such rights and including the exclusive right to do and to authorize others to do any and all acts in relation to such rights throughout the world including the right to claim damages for conversion in respect of any infringing works.
7.2. Customer recognises Aquaporin’s right, title and interest in and to the IPR relating to Samples and any documentation and drawings provided by Aquaporin in conjunction with a supply of any Sample. Any documentation or drawings provided by Aquaporin to Customer shall not be used for any other purpose than that for which they were provided and may not without the prior written consent of Aquaporin otherwise be used or copied, reproduced, transmitted or communicated to third parties.
8.1. SAMPLES ARE DELIVERED 'AS IS' WITHOUT WARRANTY OF ANY KIND. CUSTOMER IS NOT ENTITLED TO REPLACEMENT, REPAIR OR REFUND IN THE EVENT OF ANY DEFECT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SAMPLES IS ASSUMED BY CUSTOMER. AQUAPORIN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION WITH RESPECT TO SAMPLES. AQUAPORIN SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF USE, LOSS OF CONTRACTS OR FOR ANY OTHER INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT LOSSES OR DAMAGES WHATSOEVER IN RESPECT OF DELIVERY, USE OR DISPOSITION OF SAMPLES.
9.1. These GTC shall be governed and construed in accordance with the laws of Denmark without giving effect to choice of law principles thereof. Any and all disputes between the Parties arising out of or in connection with these GTC or the breach, or invalidity hereof shall – in the absence of an amicable solution to the dispute – be finally settled by Arbitration in accordance with the Rules of Procedure of the Danish Institute of Arbitration (Voldgiftsinstituttet). The arbitration tribunal shall be composed of one arbitrator selected and appointed by the institute. The Place of Arbitration shall be Copenhagen. The language of the proceedings shall be Danish, unless the Parties agrees to English or any third language. Such arbitrations proceedings including any evidence exchanges as well as the contents of any award shall be confidential.
Last updated: April 2023
Exhibit 1.
| Purpose/calculated values | Process parameters | Where to measure |
|---|---|---|
| Water flux | Flow/Weight | Feed bulk |
| TMP | Pressure | Feed inlet/outlet, draw inlet/outlet |
| Feed inlet pressure | Pressure | Feed inlet |
| Maintain stable temperature | Temperature | Feed outlet |
| Osmotic pressure (indirect measuremenent) | Conductivity | Feed outlet (for draw in batch, also draw tank) |
| Ensure min. feed outlet flow | Flow | Feed outlet |
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