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PRODUCT WARRANTY
GARDNER DENVER PETROLEUM PUMPS
15-600 Page 34
All costs of transportation of product or parts
claimed not to be as warranted and, of repaired or
replacement parts to or from such service facility shall
be borne by the Purchaser. The Company may require
the return of any part claimed not to be as warranted to
one of its facilities as designated by the Company,
transportation prepaid by the Purchaser, to establish a
claim under this warranty.
Replacement parts provided under the terms of this
warranty are warranted for the remainder of the
Warranty Period of the product upon which installed to
the same extent as if such parts were original
components.
The Company may request a root cause analysis
be performed in-order to identify if a request for
warranty claim meets the requirements of this
warranty.
DISCLAIMER
Except as to title, the foregoing warranty is the sole
and exclusive warranty of the Company. The
Company hereby extends other manufactures’
warranty or guaranties, if any given to Company by
such manufacturer, but only to the extent the Company
is able to enforce such warranty or guaranties. The
Company has not authorized any party to make any
representation or warranty other than as expressly set
forthherein. SELLER HEREBY DISCLAIMS AND
EXCLUDES ANY OTHER EXPRESS, IMPLIED OR
STATUTORY WARRANTIES, ARISING BY
OPERATION OF LAW OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS
OF ANY
KIND WHATSOEVER (EXPRESS, IMPLIED OR
STATUTORY), OF LAW OR OTHERWISE, ON ANY
EQUIPMENT, COMPONENT PARTS OR
ACCESSORIES SOLD HEREUNDER WHICH, ARE
NOT MANUFACTURED BY COMPANY.
NOTWITHSTANDING ANYTHING HEREIN TO
THE CONTRARY, THE FOREGOING WARRANTY
SHALL BE THE SOLE AND EXCLUSIVE REMEDY
AVAILABLE TO THE PURCHASER. UNDER NO
CIRCUMSTANCES, WHETHER IN CONTRACT,
TORT OR OTHERWISE, SHALL THE COMPANY’S
TOTAL LIABILITY ARISING IN CONNECTION WITH
ANY PURCHASE ORDER EXCEED THE AMOUNT
OF ANY SALES OR OTHER PROCEEDS RECEIVED
PURSUANT THERETO. IN ADDITION, UNDER NO
CIRCUMSTANCES, WHETHER IN CONTRACT,
TORT OR OTHERWISE, SHALL THE COMPANY BE
LIABLE FOR LIQUIDATED, SPECIAL, INDIRECT,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, EXPENSES OR COSTS, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR
FACILITY DOWNTIME, HOWEVER CAUSED AND
EVEN IF THE POTENTIAL OF SUCH DAMAGES
WAS DISCLOSED AND/OR KNOWN.
No statement, representation, agreement, or
understanding, oral or written, made by any agent,
distributor, representative, or employee of the
Company which is not contained in this Warranty will
be binding upon the Company unless made in writing
and executed by an officer of the Company.
This warranty shall not be effective as to any claim
which is not presented within 30 days after the date
upon which the product is claimed not to have been as
warranted. Any action for breach of this warranty must
be commenced within one year after the date upon
which the cause of action occurred.
Any adjustment made pursuant to this warranty
shall not be construed as an admission by the
Company that any product was not as warranted.
WARRANTY REQUESTS
Products to be returned for warranty analysis shall be
approved for return in writing by the Company prior to
shipment. All requests for product return shall be
submitted by email. Facsimile or letter to:
Warranty Department
c/o Gardner Denver Petroleum Pumps
4747 South 83
rd
East Avenue
Tulsa, Oklahoma 74145
Email:
Facsimile: (918) 664-6225