FCI MT86, Installation, Operation & Maintenance Manual

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MT86/MT86HT Flow Meter APPENDIX C – CUSTOMER SERVICE
Fluid Components International LLC 45
WARRANTIES
Goods furnished by the Seller are to be within the limits and of the sizes published by the Seller and subject to the Seller’s standard
tolerances for variations. All items made by the Seller are inspected before shipment, and should any of said items prove defective due
to faults in manufacture or performance under Seller approved applications, or fail to meet the written specifications accepted by the
Seller, they will be replaced or repaired by Seller at no charge to Buyer provided return or notice of rejection of such material is made
within a reasonable period but in no event longer than three (3) years for non-calibration defects and one (1) year for calibration
defects from date of shipment to Buyer, and provided further, that an examination by Seller discloses to Seller’s reasonable
satisfaction that the defect is covered by this warranty and that the Buyer has not returned the equipment in a damaged condition due
to Buyer’s or Buyer’s employees’, agents’, or representatives’ negligence and Buyer has not tampered, modified, redesigned,
misapplied, abused, or misused the goods as to cause the goods to fail. In addition, this warranty shall not cover damage caused by
Buyer’s exposure of the goods to corrosive or abrasive environments. Moreover, Seller shall in no event be responsible for (1) the cost
or repair of any work done by Buyer on material furnished hereunder (unless specifically authorized in writing in each instance by
Seller), (2) the cost or repair of any modifications added by a Distributor or a third party, (3) any consequential or incidental damages,
losses, or expenses in connection with or by reason of the use of or inability to use goods purchased for any purpose, and Seller’s
liability shall be specifically limited to free replacement, or refund of the purchase price, at Seller’s option, provided return or rejection
of the goods is made consistent with this paragraph, and the Seller shall in no event be liable for transportation, installation,
adjustment, loss of good will or profits, or other expenses which may arise in connection with such returned goods, or (4) the design of
products or their suitability for the purpose for which they are intended or used. Should the Buyer receive defective goods as defined
by this paragraph, the Buyer shall notify the Seller immediately, stating full particulars in support of his claim, and should the Seller
agree to a return of the goods, the Buyer shall follow Seller’s packaging and transportation directions explicitly. In no case are the
goods to be returned without first obtaining a return authorization from the Seller. Any repair or replacement shall be at Seller’s factory,
unless otherwise directed, and shall be returned to Seller transportation prepaid by Buyer. If the returned goods shall prove defective
under this clause they will be replaced or repaired by Seller at no charge to Buyer provided the return or rejection of such material is
made within a reasonable period, but in no event longer than (1) year from the date of shipment of the returned goods or the unexpired
terms of the original warranty period whichever is later. If the goods prove to be defective under this paragraph, the Buyer shall
remove the goods immediately from the process and prepare the goods for shipment to Seller. Continued use or operation of defective
goods is not warranted by Seller and damage occurring due to continued use or operation shall be for Buyer’s account. Any
description of the goods contained in this offer is for the sole purpose of identifying them, and any such description is not part of the
basis of the bargain, and does not constitute a warranty that the goods will conform to that description. The use of any sample or
model in connection with this offer is for illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as
a warranty that the goods will conform to the sample or model. No affirmation of that fact or promise made by the Seller, whether or
not in this offer, will constitute a warranty that the goods will conform to the affirmation or promise. THIS WARRANTY IS EXPRESSLY
IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE GOODS OR THEIR
INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS OF PURPOSE; AND THE GOODS ARE BEING PURCHASED BY BUYER “AS IS”. SELLER WILL
NOT BE LIABLE BY VIRTUE OF THIS WARRANTY OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSS OR DAMAGE RESULTING FROM THE USE OR LOSS OF USE OF THE GOODS.