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Xylem Bell & Gossett Hoffman Specialty 78 Manual page 4

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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 this 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. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or
workmanship of warranted goods within ten (10) days of the date when any defects are first manifest.
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 PROVIDED IN PLACE OF ALL OTHER EXPRESS WARRANTIES.
ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO ONE
(1) YEAR FROM THE DATE OF INSTALLATION OR TWO (2) YEARS FROM THE PRODUCT DATE
CODE, WHICHEVER SHALL OCCUR FIRST. 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.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may
not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential
damages, so the above exclusions may not apply to you. This warranty gives you specific legal rights, and
you may also have other rights which may vary from state to state.
To make a warranty claim, check first with the dealer from whom you purchased the product or call
+1-847-966-3700 for the name and location of the nearest dealer providing warranty service.
Xylem Inc.
8200 N. Austin Ave., Morton Grove, IL 60053
Phone: (847) 966-3700 Fax: (847) 965-8379
www.bellgossett.com
Bell & Gossett is a trademark of Xylem Inc. or one of its subsidiaries.
© 2016 Xylem Inc. HS-114D January 2016 Part No. 511094

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