Xylem Inc.
8200 N. Austin Avenue
Morton Grove, Illinois 60053
Phone: (847) 966-3700
Fax: (847) 965-8379
www.
xylem.com/
mcdonnellmiller
McDonnell & Miller is a trademark of Xylem Inc. or one of its subsidiaries.
© 201
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Xylem Inc. MM-315
H
March
201
9
Part No. 210424
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 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 two (2) years from the date of manufacture, 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 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 the 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. 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 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
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 ONE (1) YEAR FROM THE DATE OF
INSTALLATION OR TWO (2) YEARS 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 call +1-847-966-3700 for the name and location of the nearest dealer
providing warranty service.
