Waukesha Cherry-Burrell
®
Brand Universal 3 Pump
Warranty
02/2021
95-03103
Page 7
Warranty
LIMITED WARRANTY: Unless otherwise mutually agreed to in writing, (a) SPX FLOW US, LLC (SPX FLOW)
goods, auxiliaries and parts thereof are warranted to the Buyer against defective workmanship and material for
a period of twelve (12) months from date of installation or eighteen (18) months from date of delivery, which-
ever expires first, and (b) SPX FLOW services are warranted to Buyer to have been performed in a workman-
like manner for a period of ninety (90) days from the date of performance. If the goods or services do not
conform to the warranty stated above, then as Buyer’s sole remedy, SPX FLOW shall, at SPX FLOW’s option,
either repair or replace the defective goods or re-perform defective services. If Buyer makes a warranty claim
to SPX FLOW and no actual defect is subsequently found, Buyer shall reimburse SPX FLOW for all reason-
able costs which SPX FLOW incurs in connection with the alleged defect. Third party goods furnished by SPX
FLOW will be repaired or replaced as Buyer’s sole remedy, but only to the extent provided in and honored by
the original manufacturer’s warranty. Unless otherwise agreed to in writing, SPX FLOW shall not be liable for
breach of warranty or otherwise in any manner whatsoever for: (i) normal wear and tear; (ii) corrosion, abrasion
or erosion; (iii) any good or services which, following delivery or performance by SPX FLOW, has been sub-
jected to accident, abuse, misapplication, improper repair, alteration (including modifications or repairs by
Buyer, the end customer or third parties other than SPX FLOW), improper installation or maintenance, neglect,
or excessive operating conditions; (iv) defects resulting from Buyer’s specifications or designs or those of
Buyer’s contractors or subcontractors other than SPX FLOW; or (v) defects resulting from the manufacture,
distribution, promotion or sale of Buyer’s products; (vi) damage resulting from the combination, operation or
use with equipment, products, hardware, software, firmware, systems or data not provided by SPX FLOW, if
such damage or harm would have been avoided in the absence of such combination, operation or use; or (vii)
Buyer’s use of the goods in any manner inconsistent with SPX FLOW’s written materials regarding the use of
such product. In addition, the foregoing warranty shall not include any labor, dismantling, re-installation, trans-
portation or access costs, or other expense associated with the repair or replacement of SPX FLOW goods.
THE WARRANTIES CONTAINED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES AVAILABLE
TO BUYER AND SPX FLOW HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ANY PERFORMANCE OR PROCESS OUTCOME DESIRED BY THE
BUYER AND NOT SPECIFICALLY AGREED TO BY SPX FLOW. THE FOREGOING REPAIR, REPLACE-
MENT AND REPERFORMANCE OBLIGATIONS STATE SPX FLOW’S ENTIRE AND EXCLUSIVE LIABILITY
AND BUYER’S EXCLUSIVE REMEDY FOR ANY CLAIM IN CONNECTION WITH THE SALE AND FURNISH-
ING OF SERVICES, GOODS OR PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR
OPERATIONS.
Shipping Damage or Loss
If equipment is damaged or lost in transit, file a claim at once with the delivering carrier. The carrier has a
signed Bill of Lading acknowledging that the shipment has been received from SPX FLOW in good condition.
SPX FLOW is not responsible for the collection of claims or replacement of materials due to transit shortage or
damages.
Warranty Claim
Warranty claims must have a
Returned Material Authorization (RMA)
from the Seller or returns will not be
accepted. Contact 800-252-5200 or 262-728-1900.
Claims for shortages or other errors must be made in writing to Seller within ten (10) days after delivery. This
does not include transit shortage or damages. Failure to give such notice shall constitute acceptance and
waiver of all such claims by Buyer.