Installation, Operation, & Maintenance Guide
Style 78HT
www.flexaseal.com
Vermont
800.426.3594
Brazil
55.11.3736.737
Louisiana
225.484.0007
Texas
832.804.7424
Flexaseal Engineered Seals and Systems, LLC (hereinafter referred to as "FAS") warrants that new goods manufactured
by FAS
(with the exception of "wear parts" or consumables all of which are not warranted) will be free from defects in
material and workmanship (the “Warranty”). The Warranty shall be in effect for a period of the earlier of three (3) months
from the date of installation or six (6) months from the date of shipment from FAS’s facility (which date of shipment shall
not be greater than thirty (30) days after receipt of notice that the goods are ready to ship) (the “Warranty Period”).
FAS
shall, at its option and expense, either repair, replace, or refund amounts paid for any goods that fail to conform to the
Warranty. In no case shall FAS be obligated to remove the defective goods or install the replaced or repaired goods, and
the end user shall be responsible for providing ready access to the goods and areas for warranty work, and all other
associated costs, including, but not limited to, service costs, shipping fees, and expenses. FAS shall have complete
discretion as to the method or means of repair or replacement. The end user’s failure to comply with FAS’s repair or
replacement directions shall constitute a waiver of its rights and render all warranties void. Any goods repaired or
replaced under the Warranty are warranted only for the balance of the Warranty Period on the goods that were repaired
or replaced. The Warranty is conditioned on the end user giving written notice to FAS of any goods that fail to meet the
Warranty within ten (10) days of the date when any defects first become apparent. FAS shall have no warranty
obligations to the end user with respect to any goods or parts of a good that: (a) have been repaired by parties other than
FAS or without FAS’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or
physical damage; (c) have been used in a manner contrary to FAS’s instructions for installation, operation and
maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been
damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been
damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the
use of accessory Products not sold by FAS or not approved by FAS in connection with goods supplied by FAS.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS, ORAL, OR
IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE
GOODS PROVIDED HEREWITH, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY
DISCLAIMED AND EXCLUDED. END USER’S EXCLUSIVE REMEDY AND FAS’S AGGREGATE LIABILITY FOR
BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO THE REPAIR, REPLACEMENT, RE-
PERFORMANCE, OR REFUND.
IN NO EVENT SHALL FAS’S LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE GOODS EXCEED
THE AMOUNT PAID BY END USER UNDER THIS AGREEMENT. FAS SHALL HAVE NO LIABILITY FOR LOSS OF
PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF
PRODUCTION, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF REPUTATION, BUSINESS INTERRUPTION,
DOWNTIME, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWSOEVER
ARISING, WHETHER IN WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR
OTHERWISE, REGARDLESS OF WHETHER FAS HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH LOSSES
IN ADVANCE.
This warranty and limitation of liability shall be governed and construed in accordance with the laws of the State of
Delaware, USA. Sole and exclusive venue for any claim or controversy arising out of or in any way related to this
warranty and limitation of liability shall be in a state court located in Chittenden County, Vermont, USA.
FAS SW
V
2.2020
LIMITED WARRANTY AND LIMITATION OF LIABILITY:
SEAL PRODUCTS
Page 9 of 9
