Xylem e-XC Instruction Manual Download Page 108

Page: 108 / 112

9 Product warranty

9.1 Commercial warranty

Warranty to Commercial Buyers. Seller warrants the goods sold to any Commercial Buyer
("Buyer") under this Agreement (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) built in
accordance with the specifications referred to in the quotation or sales form, if such
specifications 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
eighteen (18) months from the date of shipment, which date of shipment shall not be
delayed by Buyer by more than thirty (30) days after receipt of notice that the goods are
ready to ship), whichever shall occur first, unless a longer period is specified in the
product documentation (the Warranty). Except as otherwise required by law, Seller shall,
at its option and at no cost to Buyer, either repair or replace any good(s) which fails to
conform with the Warranty provided Buyer gives written notice to Seller of any defects in
material or workmanship within ten (10) days of the date when any defects or non-
conformance are first manifest, except in circumstances that are, or are reasonably
foreseeably, urgent or exigent, in which case Buyer will provide Seller with immediate
notice. Under either the 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’s failure to
comply with Seller’s repair or replacement directions shall terminate Seller’s obligations
under this Warranty and render the Warranty void. Any parts repaired or replaced under
the Warranty are warranted only for the balance of the Warranty period. 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’s written
approval; (b) subject to misuse, misapplication, neglect, alteration, accident, or physical
damage; (c) used in a manner contrary to Seller’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 flow; (f) damaged due to a defective power supply or improper
electrical protection; (g) damaged resulting from the use of accessory equipment not sold
or approved by Seller; or (h) damaged or diminished by use in combination with parts
subject to any above cause. In any case of products not manufactured by Seller, there is
no warranty from Seller; however, Seller will provide to Buyer any warranty Buyer receives
from Seller’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 WILL 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.