Product Warranty - Xylem Bell & Gossett Ecocirc+ 20-18 Installation, Operation And Maintenance Manual

9 Product Warranty

Commercial warranty
Warranty. For goods sold to commercial buyers, Seller warrants the goods sold
to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer
materials, coatings and other "wear parts" or consumables all of which are not
warranted except as otherwise provided in the quotation or sales form) will be
(i) be built in accordance with the specifications referred to in the quotation or
sales form, if such specifications are expressly made a part of this Agreement,
and (ii) free from defects in material and workmanship for a period of thirty (30)
months from the date of installation or thirty-six (36) months from the date of
shipment (which date of shipment shall not be greater than thirty (30) days after
receipt of notice that the goods are ready to ship), whichever shall occur first,
unless a longer period is specified in the product documentation (the
"Warranty").
Except as otherwise required by law, Seller shall, at its option and at no cost to
Buyer, either repair or replace any product which fails to conform with the
Warranty provided Buyer gives written notice to Seller of any defects in material
or workmanship within ten (10) days of the date when any defects or non-
conformance are first manifest. Under either repair or replacement option,
Seller shall not be obligated to remove or pay for the removal of the defective
product or install or pay for the installation of the replaced or repaired product
and Buyer shall be responsible for all other costs, including, but not limited to,
service costs, shipping fees and expenses. Seller shall have sole discretion as to
the method or means of repair or replacement. Buyer's failure to comply with
Seller's repair or replacement directions shall terminate Seller's obligations
under this Warranty and render the Warranty void. Any parts repaired or
replaced under the Warranty are warranted only for the balance of the warranty
period on the parts that were repaired or replaced. Seller shall have no warranty
obligations to Buyer with respect to any product or parts of a product that have
been: (a) repaired by third parties other than Seller or without Seller's written
approval; (b) subject to misuse, misapplication, neglect, alteration, accident, or
physical damage; (c) used in a manner contrary to Seller's instructions for
installation, operation and maintenance; (d) damaged from ordinary wear and
tear, corrosion, or chemical attack; (e) damaged due to abnormal conditions,
vibration, failure to properly prime, or operation without flow; (f) damaged due
to a defective power supply or improper electrical protection; or (g) damaged
resulting from the use of accessory equipment not sold or approved by Seller.
In any case of products not manufactured by Seller, there is no warranty from
Seller; however, Seller will extend to Buyer any warranty received from Seller's
supplier of such products.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL
OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR
TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED
HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH
ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS
OTHERWISE REQUIRED BY LAW, BUYER'S EXCLUSIVE REMEDY AND SELLER'S
AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING
Ecocirc+ 20-18 Installation, Operation, and Maintenance Manual
9 Product Warranty
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