Mody Pumps MHC4, 10HP - Manual (Page 12)

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, 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