
FKL Series Pump
4
NOTICE OF TERMS, WARRANTy PROVISIONS
INCLUDINg DISCLAIMERS, CLAIMS AND LIMITATION OF
LIAbILITy
Prices and all terms and conditions of sale are established in current price sheets and are subject to
change without notice. All orders are subject to acceptance by Fristam Pumps USA Limited Partner-
ship.
Each Fristam Pumps item is warranted to be free from manufacturing defects for a period of one (1)
year from the date of shipment, providing it has been used as recommended and in accordance with
recognized piping practice, and providing it has not been worn out due to severe service, such as en-
countered under extremely corrosive or abrasive conditions.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE. ALL OTHER WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED
BY LAW OR OTHERWISE, ARE HEREBY EXCLUDED.
All claims must be in writing and mailed or delivered by purchaser within thirty (30) days after pur-
chaser learns the facts upon which such claim is based. Any claim not made in writing and within the
time period specified above shall be deemed waived.
PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND FRISTAM PUMP’S MAXIMUM LIABILITY FOR
CLAIMS ARISING HEREUNDER OR FOR NEGLIGENCE FOR ANY AND ALL LOSSES AND DAMAGES
RESULTING FROM ANY CAUSE SHALL BE EITHER THE REPAIR OR REPLACEMENT OF DEFEC-
TIVE ITEMS OR, AT FRISTAM PUMPS’ OPTION, THE REFUND OF THE PURCHASE PRICE FOR SUCH
ITEMS. IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM FOR NEGLIGENCE, SHALL FRISTAM
PUMPS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF
PROFITS.
No person, including any representative, employee or agent of Fristam Pumps is authorized to as-
sume on behalf of Fristam Pumps, any liability or responsibility in addition to or different from that
described in this provision. Any and all representations, promises, warranties or statements that are in
addition to or different from the terms of this provision are of no force or effect.
If any provision of this Notice is held to be invalid, such provision shall be severed and the remaining
provisions shall continue to be in force.