3
9. Products connected to voltage other than indicated on nameplate.
10. Products where the pump was exposed to any of the following: sand, gravel,
cement, grease, plaster, mud, tar, hydrocarbons, hydrocarbon derivatives (oil,
gasoline, solvents, etc.) or other abrasive or corrosive substances.
11. Products in which the pump has been used to pump or circulate anything
other than fresh water at room temperature.
12. Products in which the pump was allowed to operate dry (fluid supply cut off).
13. Products in which the sealed motor housing has been opened or the product
has been otherwise dismantled by customer.
14. Products in which the cord has been cut to a length of less than three feet.
The Company reserves the right at any time, and from time to time, to make
changes in the design and/or improvements upon its product without thereby
imposing any obligation upon itself to make corresponding changes or
improvements in or upon its products already manufactured and/or previously
sold. The Company further reserves the right to substitute parts or components
of substantially equal quality in any warranty service required by operation of
this Limited Warranty.
This written Limited Warranty is the entire warranty authorized and offered by the
Company. There are no warranties or representations beyond those expressed
in this document.
THIS WARRANTY AND REMEDY IS IN LIEU OF ALL OTHER WARRANTIES
AND REMEDIES INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,
WHICH ARE HEREBY SPECIFICALLY DISCLAIMED AND ExPRESSLY
ExCLUDED. CORRECTION OF NON-CONFORMITIES, IN THE MANNER AND
FOR THE PERIOD OF TIME AS SET FORTH ABOVE, SHALL CONSTITUTE
FULFILLMENT OF ALL LIABILITY OF THE COMPANY TO THE PURCHASER
WHETHER BASED ON CONTRACT, NEGLIGENCE, OR OTHERWISE.
THE COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEqUENTIAL
OR SPECIAL DAMAGES SUCH AS, BUT NOT LIMITED TO:
DAMAGE TO OR LOSS OF OTHER PROPERTY OR EqUIPMENT, LOSS
OF USE OF EqUIPMENT, FACILITIES OR SERVICE, LOSS OF PROFIT OR
SALES, COST OF PURCHASES OR REPLACEMENT GOODS, CLAIMS
OF CUSTOMERS OF THE PURCHASER, FAILURE TO WARN AND/OR
INSTRUCT, LOSS OF OTHER PRODUCTS, OR COSTS OF ENVIRONMENTAL
REMEDIATION, OR DIMINUTION IN PROPERTY VALUE. THE REMEDIES OF
THE PURCHASER SET FORTH HEREIN ARE ExCLUSIVE, AND THE LIABILITY
OF THE COMPANY SHALL NOT, ExCEPT AS ExPRESSLY PROVIDED HEREIN,
ExCEED THE PRICE OF THE PRODUCTS UPON WHICH SUCH LIABILITY
IS BASED. DAMAGES AS SET FORTH IN THIS PARAGRAPH SHALL BE
REASONABLY MITIGATED TO THE ExTENT POSSIBLE. THIS PARAGRAPH
SHALL ALSO APPLY TO ALL DAMAGES RESULTING FROM CONDITIONS
SET FORTH IN SECTION III ABOVE AND (1) DEFECTS IN PRODUCT
PROTOTYPES OR REPLACEMENT PART PROTOTYPES THAT HAVE NOT
BEEN PUT INTO PRODUCTION, CIRCULATED AND SOLD BY THE COMPANY,
AND/OR (2) DEFECTS THAT WERE NOT FOUND AT THE TIME OF SALE DUE
TO SCIENTIFIC AND TECHNOLOGICAL REASONS.
This Limited Warranty gives you specific legal rights. You may have other rights,
which vary according to the applicable laws and regulations. Where any term of
this warranty is prohibited by such laws, it shall be null and void, but the remainder
of this warranty shall remain in full force and effect.
DISCLAIMER: Any oral statements about the product made by the seller, the
Company, the representatives or any other parties, do not constitute warranties,
shall not be relied upon by the user, and are not part of the contract for sale.
Seller’s and the Company’s only obligation, and buyer’s only remedy, shall be the
replacement and/or repair by the Company of the product as described above.
Before using, the user shall determine the suitability of the product for his intended
use, and user assumes all risk and liability whatsoever in connection therewith.
LIMITED WARRANTY
THIS WARRANTY SETS FORTH THE COMPANY’S SOLE
OBLIGATION AND PURCHASER’S ExCLUSIVE REMEDY FOR
DEFECTIVE PRODUCT.
Franklin Electric Company, Inc. and its subsidiaries (hereafter “the Company”)
warrants that the products accompanied by this warranty are free from
defects in materials or workmanship of the Company that exist at the time
of sale by the Company and which occur or exist within the applicable
warranty period. Any distributor, sub-distributor, recipient, end-user
and/or consumer agrees that by accepting the receipt of the products,
the distributor, sub-distributor, recipient, end user and/or consumer
expressly agrees to be bound by the terms of the warranty set forth herein.
I. Applicable Warranty Period
The products accompanied by this warranty shall be covered by this Limited
Warranty for a period of 12 months from the date of original purchase by the
consumer. In the absence of suitable proof of purchase date, the warranty period
of this product will begin to run on the product’s date of manufacture.
II. Instructions Applicable to this Limited Warranty
1. Consumers wishing to submit a warranty claim must return the products
accompanied by this warranty to the point of purchase for warranty
consideration.
2. Upon discovery of a defect, any personal injury, property damage or any other
type of resulting damage, if applicable, shall be reasonably mitigated to the
extent possible.
3. At its discretion, the Company may inspect products either at its facilities, or
in the field, and after determination of a warranty claim, will, at its option, repair
or replace defective parts. Repaired or replaced parts will be returned freight
prepaid by the Company.
4. This warranty policy does not cover any labor or shipping charges.
The Company shall not be liable for any costs or charges attributable to any
product testing, maintenance, installation, repair or removal, or for any tools,
supplies, or equipment needed to install, repair, or remove any product.
III. Limitations Applicable to this Limited Warranty
THIS WARRANTY DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. Brushes, impeller or cam on models with brush-type motors and/
or flex-vane impellers.
2. Any product that is not installed, applied, maintained and used in accordance
with the Company’s published instructions, applicable codes, applicable
ordinances and/or with generally accepted industry standards.
3. Any product that has been subject to misuse, misapplication, neglect,
alteration, accident, abuse, tampering, acts of God (including lightning), acts of
terrorism, acts of war, fire, improper storage or installation, improper use,
improper maintenance or repair, damage or casualty, or to an excess of the
recommended maximums as set forth in the product instructions.
4. Any product that is operated with any accessory, equipment, component, or
part not specifically approved by the Company.
5. Use of replacement parts not sold by the Company, the unauthorized addition
of non-Company products to other Company products, and the unauthorized
alteration of Company products.
6. Products damaged by normal wear and tear, normal maintenance services and
the parts used in connection with such service, or any other conditions beyond
the control of the Company.
7. Any product that has been used for purposes other than those for which it
was designed and manufactured.
8. Any use of the product where installation instructions and/or instructions for
use were not followed.
