Mody Pumps MHMXP - Manual (Page 17)

LIMITED WARRANTY
We warrant to our immediate customer and to the ultimate consumer that products of our manufacture will be free
of defects in material and workmanship under normal use and service for the following time periods, when installed
and maintained in accordance with our instructions.
PUMPS: One (1) year from date of installation or (18) months from date of shipment, whichever occurs first. As
used herein, “the ultimate consumer” is defined as the purchaser who first uses the product after it’s initial
installation or, in the case for product designed for non-permanent installation, the first owner who uses the product.
It is the purchaser’s or any sub-vendor’s obligation to make known to the ultimate consumer the terms and
conditions of this warranty. This warranty gives you specific legal rights, and there may also be other rights which
vary from state to state. In the event the product is covered by the Federal Consumer Product Warranties Law (1)
the duration of any implied warranties associated with the product by virtue of said law is limited to the same
duration as stated herein, (2) this warranty is a LIMITED WARRANTY, and (3) no claims of any nature
whatsoever shall be made against us, until the ultimate consumer, his successor, or assigns, notifies us in writing of
the defect, and delivers the product and/or defective part(s) freight prepaid to our facility or nearest authorized
service station. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation
may not apply. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY AND ALL
WARRANTIES WITH RESPECT TO ANY PRODUCT SHALL BE TO REPLACE OR REPAIR AT OUR
ELECTION, FOB POINT OF MANUFACTURE OR AUTHORIZED REPAIR STATION, SUCH
PRODUCTS AND/OR PARTS AS PROVEN DEFECTIVE. THERE SHALL BE NO FURTHER
LIABILITY, WHETHER BASED ON WARRANTY, NEGLIGENCE OR OTHERWISE. Unless expressly
stated otherwise, guarantees in the nature of performance specifications furnished in addition to the foregoing
material and workmanship warranties on a product manufactured by Mody Industries Pvt. Ltd., if any, are subject to
laboratory tests corrected for field performance. Any additional guarantees, in the nature of performance
specifications must be in writing and such writing must be signed by our authorized representative. Due to
inaccuracies in field testing if a conflict arises between the results of field testing conducted by or for user, and
laboratory tests corrected for field performance, the latter shall control. Components or accessories supplied by us
but manufactured by others are warranted only to the extent of and by the terms and conditions of the original
manufacturer’s warranty. RECOMMENDATIONS FOR SPECIAL APPLICATIONS OR THOSE
RESULTING FROM SYSTEMS ANALYSES AND EVALUATIONS WE CONDUCT, WILL BE BASED
ON OUR BEST AVAILABLE EXPERIENCE AND PUBLISHED INDUSTRY INFORMATION. SUCH
RECOMMENDATIONS DO NOT CONSTITUTE A WARRANTY OF SATISFACTORY
PERFORMANCE AND NO SUCH WARRANTY IS GIVEN.
This warranty shall not apply when damage is caused by (a) improper installation, (b) improper voltage, (c)
lightning, (d) sand or other abrasive materials, (e) scale or corrosion build-up due to excessive chemical content.
Any modification of the equipment will also void the warranty. We will not be responsible for loss, damage or labor
cost due to interruption of service caused by defective parts. Neither will we accept charges incurred by others
without our prior written approval. This warranty is void if our inspection reveals the product was used in a manner
inconsistent with normal industry practice and/or our specific recommendations. The purchaser is responsible for
communication of all necessary information regarding the application and use of the product. UNDER NO
CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY OTHER DIRECT OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LABOR
CHARGES, DELAYS IN PRODUCTION, IDLE PRODUCTION, WHICH DAMAGES ARE CAUSED BY
ANY DEFECTS IN MATERIAL, AND/OR WORKMANSHIP AND/OR DELAYS IN SHIPMENT. THIS
WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTY,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
No rights extended under this warranty shall be assigned to any person, whether by operation or otherwise, without
our prior written approval.
Mody Pumps Inc. : 2166 Zeus Court, Bakersfield, CA 93308 Tel.: (661) 392-7600 Fax: (661) 392-7601