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7 Warranty
7 Warranty
7.1 Limited consumer warranty
Warranty. For goods sold for personal, family or household purposes, Seller warrants the
goods purchased 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 free from defects in
material and workmanship for a period of one (1) year from the date of installation or two (2)
years from the product date code, whichever shall occur first, unless a longer period is
provided by law or 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 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.
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.
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3DWS/4DWS Single Phase Simplex Control Panel Instruction Manual
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