Section P31
Page 516
Dated
October 2010
97-5006-01-588
8.
Limited Warranty
P31 SERIES
MTH makes good faith recommendations of Products, based on its experience and the application information provided by the Purchaser. However, the
responsibility for testing and approving a Product to be used for a particular purpose lies with the Purchaser.
The obligations of MTH Tool Company, Inc. (hereinafter referred to as “MTH”), with respect to a “Product” (defined below) are limited as set forth herein.
ALL IMPLIED WARRANTIES, including the
“implied warranty of merchantability”
and the
“implied warranty of fitness for a particular purpose”
are
HEREBY DISCLAIMED.
There are no warranties which extend beyond the description on the face hereof.
MTH warrants that, during the “Warranty Period” (defined below), the “Product” (defined below) will not fail to meet the “Operational Specifications” (defined
below), within applicable industry tolerances established by the Hydraulic Institute, due to defects in its materials and workmanship. MTH does not warrant that
any Product will meet the “Operational Specifications” in conditions other than the Standard Operating Conditions, unless agreed to by MTH in a signed writing.
For all purposes of this Limited Warranty:
(a) The term “Warranty Period” shall mean the twelve (12) month period from the date of shipment from MTH to the Purchaser (the “Warranty
Period”).
(b) The term “Product” shall mean: any item or assembly of items sold by MTH that are either manufactured or selected by MTH to meet the
“Operational Specifications”. The term “Product” does not include any item, assembly of items, or portion of such assembly that is selected or
specified by any entity other than MTH, or that MTH has identified as ineligible for warranty coverage.
(c) The term "Purchaser" shall mean the original person(s) or entity that issued the purchase order to MTH, for the Product.
(d) The term “Operational Specifications” shall mean the specified dimensions, material composition, and performance parameters of a Product,
as published by MTH, or as otherwise agreed in a signed writing between MTH and Purchaser. “Standard Operating Conditions”, for pumps,
shall mean: operating with clean water, at standard temperature and pressure. “Operational Specifications” shall not include visual appearance or
any other parameters not expressly agreed to in writing.
If, within the Warranty Period, a Purchaser believes that a Product has failed to meet its Operational Specifications, the Purchaser must request a Return
Goods Authorization (“RGA”) in the manner specified at http://www.mthpumps.com, and supply any additional information MTH might reasonably request. If the
Product was purchased through a distributor or any entity other than MTH, the RGA request must be made through that entity. Any Product returned without an
RGA will be refused at the dock. Products authorized for return must be properly packaged to prevent further damage, clearly marked with the Return Goods
Authorization “RGA” number provided by MTH, and shipped freight prepaid and allowed, F.O.B. the MTH factory at Plano, Illinois, USA.
MTH may, in its sole discretion, deny any warranty claim if shipping damage, any attempted disassembly, or any other action outside of MTH’s control impairs
MTH’s determination of the existence of, or cause of a claimed failure.
Notwithstanding anything to the contrary in this Limited Warranty, MTH
shall have no obligation
to repair or replace any Product it determines to have any
defects arising from or attributable to: (1) abrasion, corrosion, or erosion arising after shipment from MTH; (2) improper handling, packaging, installation,
storage, or maintenance, after it is shipped by MTH; (3) repairs or alterations outside of MTH’s factory, in any manner, without MTH’s written authorization; (4)
misuse, negligence, or accident after shipment from MTH; (5) use in a manner inconsistent with MTH’s published instructions and Operational Specifications,
or other written specifications agreed to by both Purchaser and MTH; or (6) incorrect power supply or power quality. MTH’s determination with respect to the
applicability of this Limited Warranty to any particular defect or Product shall be final and conclusive.
If, after examination by an authorized representative of MTH, MTH determines that the Product failed to meet the “Operational Specifications”, within applica
-
ble industry tolerances established by the Hydraulic Institute, due to defects in its materials and workmanship, during the Warranty Period, then MTH will, at
its option, ship a repaired or replaced Product to the Purchaser, F.O.B. MTH’s factory in Plano, Illinois, U.S.A., freight prepaid and allowed. MTH will use a
freight provider of its choosing, via a method no faster than that used for shipping the Product to MTH. MTH may, at its sole discretion, issue a credit memo to
Purchaser for some or all Purchaser’s shipping costs to return a defective Product to MTH.
MTH accepts no responsibility for costs associated with removal and reinstallation of Products.
Under no circumstances shall MTH be liable for incidental or consequential damages.
MTH neither assumes responsibility for, nor authorizes any person to assume for it, any other obligation in connection with the sale of any Product or any
enlargement of this Limited Warranty.
Some States do not allow the exclusion or limitation of incidental or consequential damages. So, the above limitations or exclusions might not apply
to you. This warranty gives you specific legal rights, and you might, also, have other rights, which vary from State to State.
By using this Product, you agree that this Limited Warranty is governed by the laws of the State of Illinois; that this Limited Warranty shall be inter-
preted and enforced only in accordance with the laws of the State of Illinois (excluding its conflicts of law provisions); and that you submit yourself
to the jurisdiction of the 23rd Judicial Circuit, Kendall County, Illinois, which shall have exclusive jurisdiction over any controversy or dispute arising
under or with regard to this Limited Warranty.
