Xylem IMVIT R01 Model VIT Vertical Industrial Turbine Pumps - Manual (Page 36)

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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.
Goulds is a registered trademark of Goulds Pumps, Inc. and is used under license.
© 2013 Xylem Inc. IMVITR01 April 2013
Xylem Inc.
PO Box 5487
Lubbock, TX 79408
Phone: 1-806-763-7867
Fax: 1-800-453-4749
www.xyleminc.com/brands/gouldswatertechnology