Bell & Gossett VTP2006 Series VTP – Vertical Turbine Pumps - Manual (Page 34)

LIMITED WARRANTY
Company warrants title to the product(s) and, except as noted with respect to items not of Company’s manufacturer, also warrants 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, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND CONSTITUTES THE ONLY
WARRANTY 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 nonconformance 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, reinstallation, 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 workmanship, 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 PRODUCT(S) WHICH IS NOT MANUFACTURED BY THE COMPANY IS NOT WARRANTED BY COMPANY 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,
INSTALLATIONS OR DEFECTS FROM ANY CAUSE. Company and its suppliers shall have no obligation as to any products which have been improperly stored or
handled, or which have 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 cost of capital or of 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, wrongful acts of Purchaser or Purchaser’s employees, or Purchaser other contractors or
suppliers.
IN NO EVENT SHALL COMPANY BE LIABLE IN EXCESS OF THE SALES PRICE OF THE PART OR PRODUCT FOUND DEFECTIVE.
Bell & Gossett and VTP are trademarks of Xylem Inc. or one of its subsidiaries.
© 2013 Xylem Inc. VTP2006-IOM May 2006
Xylem Inc.
PO Box 5487
Lubbock, TX 79408
Phone: 1-806-763-7867
Fax: 1-800-453-4749
www.bellgossett.com