Warranty - EBARA DLU Operating Instructions, Installation & Maintenance Manual

Submersible sewage pump

EBARA Submersible 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 PUMPS

AMERICAS CORPORATION ("EPAC") 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 EPAC. Any EPAC proposal to which these Conditions are attached

shall be for information purposes only, and Purchaser's order is subject to acceptance and acknowledgment by EPAC 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 EPAC 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 EPAC 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 adjust-ed to the price in effect at the time of shipment. Some equipment to be provided hereunder which is not manufactured by EPAC ("Other

Equipment") may be subject to different pricing adjustment policies than those stated for the EPAC-manufactured equipment ("EPAC 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.

EPAC 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 EPAC 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 EPAC. This is EPAC's sole and exclusive warranty. It applies

only to EPAC Products and specifically excludes Other Equipment, whether or not such Other Equipment is included in EPAC's scope of supply

hereunder. Such Other Equipment is warranted only by its manufacturer. If such a defect appears in EPAC Products within the Warranty Period and

Purchaser has given EPAC immediate written notice of same, EPAC will either repair the part, or at its option replace the part, by shipping a similar part

F.O.B. EPAC's shipping point, or at its option refund an equitable portion of the purchase price. EPAC 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 EPAC'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 EPAC Product into which they may be

installed, expiring at the same time as said underlying warranty.

Any descriptions of the EPAC 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 EPAC Products are with EPAC-approved parts or components, and all

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

EPAC 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 EPAC 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 EPAC 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., EPAC'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 EPAC Product at EPAC's facilities prior to its shipment must be authorized by EPAC in writing at least

ten (10) days prior to such inspection, and shall be subject to EPAC's manufacturing cycle availability and facility security requirements. Field

testing of EPAC Products may be conducted by Purchaser to confirm mechanical compatibility of the EPAC Product and that there has been no

damage in transit, but compliance with specifications shall be conclusively established by shop tests at EPAC's facilities.

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

EPAC'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 EPAC Products covered by or furnished hereunder shall in no case exceed the price paid by the

Purchaser for the Equipment. EPAC also disclaims liability, whether in contract, tort, warranty or otherwise, to any party other than Purchaser,

and EPAC's sole responsibilities with respect to Other Equipment furnished hereunder shall be to ensure mechanical compatibility of EPAC

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

EPAC.

EBARA Pumps Americas Corporation

www.pumpsebara.com

(t) 803 327-5005 • (f) 803 327-5097

Ebara Pumps Americas Corporation

1651 Cedar Line Drive

Rock Hill, SC 29730

STANDARD CONDITIONS OF SALE

TERMS OF PAYMENT