Badger Meter Model IOG - Manual (Page 39)

DSY-PM-00028-EN-01 (August 2013)
Badger Meter Warranty
Badger Meter
®
Badger Meter Warranty
ER-500 Flow Monitor
PRODUCTS COVERED
The Badger Meter warranty shall apply to the ER-500 Flow
Monitor (“Product”)
MATERIALS AND WORKMANSHIP
Badger Meter warrants the Product to be free from defects in
materials and workmanship for a period of 12 months from
the original purchase date
PRODUCT RETURNS
Product failures must be proven and verified to the
satisfaction of Badger Meter The Badger Meter obligation
hereunder shall be limited to such repair and replacement
and shall be conditioned upon Badger Meter receiving
written notice of any asserted defect within 10 (ten) days
after its discovery If the defect arises and a valid claim
is received within the Warranty Period, at its option,
Badger Meter will either (1) exchange the Product with a
new, used or refurbished Product that is at least functionally
equivalent to the original Product, or (2) refund the purchase
price of the Product DO NOT RETURN ANY PRODUCT UNTIL
YOU HAVE CALLED THE BADGER METER CUSTOMER SERVICE
DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION
Product returns must be shipped by the Customer prepaid
F O B to the nearest Badger Meter factory or distribution
center The Customer shall be responsible for all direct and
indirect costs associated with removing the original Product
and reinstalling the repaired or replacement Product A
replacement Product assumes the remaining warranty of
the original Product or ninety (90) days from the date of
replacement, whichever provides longer coverage
LIMITS OF LIABILITY
This warranty shall not apply to any Product repaired
or altered by any Product other than Badger Meter The
foregoing warranty applies only to the extent that the
Product is installed, serviced and operated strictly in
accordance with Badger Meter instructions The warranty
shall not apply and shall be void with respect to a Product
exposed to conditions other than those detailed in
applicable technical literature and Installation and Operation
Manuals (IOMs) or which have been subject to vandalism,
negligence, accident, acts of God, improper installation,
operation or repair, alteration, or other circumstances which
are beyond the reasonable control of Badger Meter
With respect to products not manufactured by Badger Meter,
the warranty obligations of Badger Meter shall in all respects
conform and be limited to the warranty extended to
Badger Meter by the supplier
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE (except warranties of title)
Any description of a Product, whether in writing or made
orally by Badger Meter or its agents, specifications, samples,
models, bulletins, drawings, diagrams, engineering sheets
or similar materials used in connection with any Customer’s
order are for the sole purpose of identifying the Product
and shall not be construed as an express warranty Any
suggestions by Badger Meter or its agents regarding
use, application or suitability of the Product shall not be
construed as an express warranty unless confirmed to be
such, in writing, by Badger Meter
EXCLUSION OF CONSEQUENTIAL DAMAGES AND
DISCLAIMER OF OTHER LIABILITY
Badger Meter liability with respect to breaches of the
foregoing warranty shall be limited as stated herein
Badger Meter liability shall in no event exceed the contract
price BADGER METER SHALL NOT BE SUBJECT TO AND
DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES
ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY,
(2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT
CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT
TO PRODUCTS SOLD OR SERVICES RENDERED BY BADGER
METER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS
RELATING THERETO, AND (3) ALL CONSEQUENTIAL,
INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER