Warranty - EBARA DMLEU Operating Instructions, Installation & Maintenance Manual

Submersible single channel sewage pump

Table of Contents

Ebara Submersible Single Channel Sewage Pumps

Operating, Installation and Maintenance

All specifications subject to change without notice.

These STANDARD CONDITIONS OF SALE ("Conditions") exclusively define the contractual relationship between EBARA INTERNATIONAL

CORPORATION ("EIC") and the Purchaser, and no terms proposed by the Purchaser in conflict with or additional to these Conditions shall become a

part of the contract of sale unless expressly accepted in writing by EIC. Any EIC proposal to which these Conditions are attached shall be for information

purposes only, and Purchaser's order is subject to acceptance and acknowledgment by EIC as the supplier of the equipment ordered in accordance with

these conditions.

Terms of Payment for any order based on these Conditions shall be included in the EIC Proposal of which these Conditions are a part.

The price clauses applicable to the contract of sale of which these Conditions are a part are included in the EIC Proposal and are based on the proposed

shipping date of the equipment cited. In the event of delays in release to manufacture or in shipment for any reason, the contract price shall be adjusted

to the price in effect at the time of shipment. Some equipment to be provided hereunder which is not manufactured by EIC ("Other Equipment") may

be subject to different pricing adjustment policies than those stated for the EIC-manufactured equipment ("EIC Products"), which Other Equipment shall

be identified in the Proposal of which these Conditions are a part and which shall be incorporated in the contract.

EIC warrants for a period of twelve months from the date of initial startup or eighteen months from the date of shipment, whichever shall first occur (the

"Warranty Period") the EIC Products to be delivered hereunder against defects in material and workmanship, under normal use and service when

installed, used and maintained in accordance with instructions supplied by EIC. This is EIC's sole and exclusive warranty. It applies only to EIC

Products and specifically excludes Other Equipment, whether or not such Other Equipment is included in EIC's scope of supply hereunder. Such Other

Equipment is warranted only by its manufacturer. If such a defect appears in EIC Products within the Warranty Period and Purchaser has given EIC

immediate written notice of same, EIC will either repair the part, or at its option replace the part, by shipping a similar part F.O.B. EIC's shipping point,

or at its option refund an equitable portion of the purchase price. EIC may require the return of the defective part, transportation prepaid, to establish

the claim. All costs of removal, reinstallation, field labor and transportation shall be borne by the Purchaser. No allowance will be made for repairs

without EIC's written consent or approval, and the Warranty Period shall not be suspended upon stopping operation for warranty repairs, nor recom-

mence upon completion of the warranty repairs, but shall run continuously from commencement until normal expiration. Repair parts shall carry no

greater warranty than the remaining balance of the underlying EIC Product into which they may be installed, expiring at the same time as said underlying

warranty.

Any descriptions of the EIC Products or Other Equipment, any specifications, and any samples, models, bulletins, or similar material used in connection

with this sale are for the sole purpose of identifying the said Equipment and are not to be construed as express or implied warranties. Unless during the

warranty period all repairs or replacements or parts or components for EIC Products are with EIC-approved parts or components, and all warranty service

is performed by EIC or its authorized distributor or representative, the warranty responsibility of EIC shall immediately terminate.

EIC MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY EIC AND EXCLUDED FROM THESE

CONDITIONS. The Purchaser's sole and exclusive remedy, whether upon warranty, contract or tort, including negligence, will be to proceed under this

warranty. All liability of EIC shall terminate no later than the expiration of the Warranty Period.

_N.B.: If the Equipment being sold hereunder is designated "Municipal: Permanent Installations," there is attached hereto, incorporated by

reference herein and made a part hereof, as Attachment A., EIC's "5 Year (10,000 Hour) Pump Warranty" (hereinafter, "Municipal Warranty"). Said

Municipal Warranty replaces and supersedes in its entirety this Warranty, Remedy, Disclaimer Paragraph I. All other terms and conditions of these

STANDARD TERMS AND CONDITIONS OF SALE remain unchanged.

Any Purchaser inspections or shop testing of EIC Product at EIC's facilities prior to its shipment must be authorized by EIC in writing at least ten (10)

days prior to such inspection, and shall be subject to EIC's manufacturing cycle availability and facility security requirements. Field testing of EIC

Products may be conducted by Purchaser to confirm mechanical compatibility of the EIC Product and that there has been no damage in transit, but

compliance with specifications shall be conclusively established by shop tests at EIC's facilities.

EIC shall not in any event be liable for special, indirect, incidental or consequential damages, including liquidated damages in any amount. EIC's

liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from a contract based on

these Conditions, or the performance or breach thereof, or the design, manufacturer, sale, delivery, resale, installation, technical direction of installation,

inspection, repair, operation or use of any EIC Products covered by or furnished hereunder shall in no case exceed the price paid by the Purchaser for

the Equipment. EIC also disclaims liability, whether in contract, tort, warranty or otherwise, to any party other than Purchaser, and EIC's sole

responsibilities with respect to Other Equipment furnished hereunder shall be to ensure mechanical compatibility of EIC Equipment with the Other

Equipment and to pass through to the Purchaser whatever warranty the Other Equipment manufacturer has provided to EIC.

Ebara Fluid Handling

www.pumpsebara.com

(803) 327-5005 • (803) 327-5097 (fax)

Ebara International Corporation

1651 Cedar Line Drive

Rock Hill, SC 29730

STANDARD CONDITIONS OF SALE

TERMS OF PAYMENT

PRICE ADJUSTMENT