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10 Warranty
Commercial 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 twelve (12) from the date
of installation or twenty-four (24) months from the date of shipment (which date of shipment
shall not be greater than 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.
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 nonconformance 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 WARRANTIES ARE LIMITED TO REPAIRING OR
REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY
THE BUYER FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY
OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF
INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF
REPUTATION.
Installation, Operation and Maintenance Manual
en – Original Instructions
47
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