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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
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