Goulds Pumps VS - IOM - Manual (Page 27)

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WARRANTY – Company warrants title to the
product(s) and, except as noted with respect to
items not of Company’s manufacturer, also war-
rants the product(s) on date of shipment to
Purchaser, to be of the kind and quality described
herein, and free of defects in workmanship and
material. THIS WARRANTY IS EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES, INCLUD-
ING BUT NOT LIMITED TO IMPLIED WAR-
RANTIES OF MERCHANT-ABILITY AND FIT-
NESS, AND CONSTITUTES THE ONLY WAR-
RANTY OF COMPANY WITH RESPECT TO THE
PRODUCT(S).
If within one year from date of initial operation, but
not more than 18 months from date of shipment
by Company of any item of product(s), Purchaser
discovers that such item was not as warranted
above and promptly notifies Company in writing
thereof, Company shall remedy such nonconfor-
mance by, at Company’s option, adjustment or
repair or replacement of the item and any affected
part of the product(s). Purchaser shall assume all
responsibility and expense for removal, reinstalla-
tion, and freight in connection with the foregoing
remedies. The same obligations and conditions
shall extend to replacement parts furnished by
Company hereunder. Company shall have the
right of disposal of parts replaced by it. Purchaser
agrees to notify Company, in writing, of any
apparent defects in design, material or workman-
ship, prior to performing any corrective action
back-chargeable to the Company. Purchaser shall
provide a detailed estimate for approval by the
Company.
ANY SEPARATE LISTED ITEM OF THE PROD-
UCT(S) WHICH IS NOT MANUFACTURED BY
THE COMPANY IS NOT WARRANTED BY COM-
PANY and shall be covered only by the express
warranty, if any, of the manufacturer thereof.
THIS STATES THE PURCHASER’S EXCLUSIVE
REMEDY AGAINST THE COMPANY AND ITS
SUPPLIERS RELATING TO THE PRODUCT(S),
WHETHER IN CONTRACT OR IN TORT OR
UNDER ANY OTHER LEGAL THEORY, AND
WHETHER ARISING OUT OF WARRANTIES,
REPRESENTATIONS, INSTRUCTIONS, INSTAL-
LATIONS OR DEFECTS FROM ANY CAUSE.
Company and its suppliers shall have no obli-
gation as to any products which has been
improperly stored or handled, or which has not
been operated or maintained according to
instructions in Company or supplier furnished
manuals.
LIMITATION OF LIABILITY - Neither Company
nor its suppliers shall be liable, whether in contract
or in tort or under any other legal theory, for loss of
use, revenue or profit, or for cost of capital or of
substitute use or performance, or for incidental,
indirect, or special or consequential damages, or
for any other loss or cost of similar type, or for
claims by Purchaser for damages of Purchaser’s
customers. Likewise, Company shall not under any
circumstances be liable for the fault, negligence, or
wrongful acts of Purchaser or Purchaser’s employ-
ees, or Purchaser other contractors or suppliers.
IN NO EVENT SHALL COMPANY BE LIABLE IN
EXCESS OF THE SALES PRICE OF THE
PART(S) OR PRODUCT FOUND DEFECTIVE.
Warranty