Xylem Goulds ResiBoost RB111512 Instruction Manual Download Page 38

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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 from the date of installation or from the product
date code, whichever shall occur first, unless a longer period is provided by law or 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 product 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. 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’s failure to comply with Seller’s
repair or replacement directions shall terminate Seller’s obligations under this Warranty
and render this Warranty void. Any parts repaired or replaced under the Warranty are
warranted only for the balance of the warranty period on the parts that were repaired or
replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any
defects in material or workmanship of warranted goods within ten (10) days of the date
when any defects are first manifest.
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; or (g) damaged resulting from the use of accessory
equipment not sold or approved by Seller. In 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’s supplier of such products.
THE FOREGOING WARRANTY IS PROVIDED IN PLACE OF ALL OTHER EXPRESS
WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED TO FROM THE DATE OF INSTALLATION OR FROM THE
PRODUCT DATE CODE , WHICHEVER SHALL OCCUR FIRST. 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.
Some states do not allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above exclusions may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which may
vary from state to state.
To make a warranty claim, check first with the dealer from whom you purchased the
product or visit www.xyleminc.com for the name and location of the nearest dealer
providing warranty service.