7
COMMERCIAL WARRANTY
Warranty.
For goods sold to commercial buyers, Seller warrants the goods sold to Buyer hereunder (with the
exception of membranes, seals, gaskets, elastomer materials, coatings and other “wear parts” or consumables
all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) be built in
accordance with the speci
ŵ
cations referred to in the quotation or sales form, if such speci
ŵ
cations are expressly
made a part of this Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year
from the date of installation or two (2) years from the date of manufacture, whichever shall occur
ŵ
rst, unless a
longer period is speci
ŵ
ed in the product documentation (the “
:
arranty”)
Except as otherwise required by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any
product which fails to conform with the
:
arranty provided Buyer gives written notice to Seller of any defects in
material or workmanship within ten (1
) days of the date when any defects or non-conformance are
ŵ
rst manifest
Under either repair or replacement option, Seller shall not be obligated to remove or pay for the removal of
the defective product or install or pay for the installation of the replaced or repaired product and Buyer shall be
responsible for all other costs, including, but not limited to, service costs, shipping fees and expenses
Seller
shall have sole discretion as to the method or means of repair or replacement
Buyer
ő
s failure to comply with
Seller
ő
s repair or replacement directions shall terminate Seller
ő
s obligations under this
:
arranty and render the
:
arranty void
Any parts repaired or replaced under the
:
arranty are warranted only for the balance of the
warranty period on the parts that were repaired or replaced
Seller shall have no warranty obligations to Buyer
with respect to any product or parts of a product that have been: (a) repaired by third parties other than Seller or
without Seller
ő
s written approval
(b) sub
M
ect to misuse, misapplication, neglect, alteration, accident, or physical
damage
(c) used in a manner contrary to Seller
ő
s instructions for installation, operation and maintenance
(d) damaged from ordinary wear and tear, corrosion, or chemical attack
(e) damaged due to abnormal
conditions, vibration, failure to properly prime, or operation without
Ŷ
ow
(f) damaged due to a defective power
supply or improper electrical protection
or (g) damaged resulting from the use of accessory equipment not
sold or approved by Seller
,
n any case of products not manufactured by Seller, there is no warranty from Seller
however, Seller will extend to Buyer any warranty received from Seller
ő
s supplier of such products
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR
IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO
THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY
DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE REQUIRED BY LAW, BUYER’S EXCLUSIVE REMEDY
AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE
LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE
AMOUNT PAID BY THE BUYER FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE
FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS,
LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.
LIMITED CONSUMER WARRANTY
Warranty.
For goods sold for personal, family or household purposes, Seller warrants the goods purchased
hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other “wear parts”
or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will
be free from defects in material and workmanship for a period of one (1) year from the date of installation or two
(2) years from the product date code, whichever shall occur
ŵ
rst, unless a longer period is provided by law or is
speci
ŵ
ed in the product documentation (the “
:
arranty”)
