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8 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 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
ndythirty (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 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.