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SECTION 7. Waterous One-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and
workmanship under normal use and service for a period of one (1) year from the date the product is first placed in service, or one and one-half
(1-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS,
in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the
aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at
WATEROUS' plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other
charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or
mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a)
damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in
non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by
Buyer;
(b)
defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by
the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof
which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c)
any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent;
(d)
the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of
reinstallation; and
(e)
normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).
ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT,
WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY
OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.
The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery
whatsoever, is expressly limited at the election of WATEROUS to:
(a)
the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly
authorized representative, is found not to conform to the limited warranty set forth above, or
(b)
the repair of such product or part, or
(c)
the refund or crediting to Buyer of the net sales price of the defective product or part.
BUYER'S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-1031, Section 2416
Page 23 of 23
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