Xylem Bell & Gossett VSC Series, Инструкция по эксплуатации

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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 materi
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al and workmanship for a period of one (1) year 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 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 ob -
ligated 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 direc
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tions 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 re
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spect 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 IM-
PLIED 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 DEFEC-
TIVE 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.
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