9 Product Warranty
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 twelve (12) months from the date of installation or eighteen (18) months from the
date of shipment (which date of shipment shall not be greater than thirty (30) days sixty (60)
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 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.
9 Product Warranty
optimyze
™
Gateway Instruction, Operation, and Maintenance Manual
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