Xylem A-C Fire Pump – Vertical Turbine Fire Pump AC8499 - Manual (Page 4)

4
Warranty
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 ship-
ment 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, re-
installation, 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 manufac-
turer thereof.
THIS STATES THE PURCHASER’S EXCLUSIVE
REMEDY AGAINST THE COMPANY AND ITS SUP-
PLIERS RELATING TO THE PRODUCT(S), WHETHER
IN CONTRACT OR IN TORT OR UNDER ANY OTHER
LEGAL THEORY, AND WHETHER ARISING OUT OF
WARRANTIES, REPRESENTATIONS, INSTRUC-
TIONS, INSTALLATIONS OR DEFECTS FROM ANY
CAUSE.
Company and its suppliers shall have no obligation as to
any products which has been improperly stored or han-
dled, or which has not been operated or maintained
according to instructions in Company or supplier fur-
nished manuals.