Xylem H-264 - Manual (Page 15)

ASI v2 Operations (PRELIMINARY)
IMPORTANT NOTICE
Blue Water Design, LLC reserves the right to make corrections, modifications, enhancements,
improvements and other changes to its products and services at any time, including the product
specified herein and to discontinue any product of service without notice.
WARRANTIES AND RELATED REMEDIES : THE FOLLOWING ARE IN LIEU OF ALL CONDITIONS
OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED CONDITIONS OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND OF ANY OTHER WARRANTY OBLIGATION ON THE PART OF BLUE WATER
DESIGN, LLC.
Blue Water Design, LLC warrants performance of its design to the published specifications applicable at
the time of sale for a period of one (1) year from the date of shipment. Testing and other quality control
techniques are utilized to the extent Blue Water Design, LLC deems necessary to support this warranty.
Specific testing of all parameters of each device is not necessarily performed. This warranty is the only
warranty made by Blue Water Design, LLC and can be amended only by a written document signed by
a Blue Water Design, LLC managing director. Continued use or possession of the goods after expiration
of the applicable warranty period stated above shall be conclusive evidence that the warranty is fulfilled
to the full satisfaction of Buyer.
Blue Water Design, LLC makes NO WARRANTY as to software products, which are supplied "AS-IS",
or goods not manufactured by Blue Water Design, LLC. For goods not manufactured by Blue Water
Design, LLC, to the extent permitted by Blue Water Design, LLC's contract with its supplier, Blue Water
Design, LLC shall assign to Buyer any rights Blue Water Design. LLC may have under any warranty of
the supplier.
If Blue Water Design, LLC breaches its warranties as contained herein, Blue Water Design, LLC's sole,
maximum liability shall be (at Blue Water Design, LLC's option) to repair, replace, or credit Buyer's
account for any goods which are returned by Buyer during the applicable warranty period set forth
above, provided that (a) Blue Water Design, LLC is promptly notified in writing with a detailed
explanation of any alleged deficiencies, (b) the goods are returned F.O.B. Blue Water Design, LLC’s
headquarters, and (c) Blue Water Design, LLC's examination of the goods shall disclose that such
deficiencies were not caused by accident, misuse, neglect, alteration, improper installation,
unauthorized repair or improper testing. If the goods fail to conform to the warranty, Blue Water Design,
LLC shall reimburse Buyer for the transportation charges paid by Buyer for the goods. If Blue Water
Design, LLC elects to repair or replace the goods, Blue Water Design, LLC shall have a reasonable time
to make the repair(s) or replacement. Such repair, replacement or credit shall constitute fulfillment of all
liability of Blue Water Design, LLC to Buyer whether based in contract, tort, indemnity, statutory
provision or otherwise.
LIMITATION AND DISCLAIMER OF DAMAGES : IN NO EVENT SHALL Blue Water Design, LLC BE
LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INDIRECT, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR BREACH OF ANY OF THE PROVISIONS OF THIS CONTRACT,
SUCH DAMAGES TO INCLUDE BUT NOT BE LIMITED TO, COSTS OF REWORK, RETESTING OR
REMOVAL AND REINSTALLATION OF GOODS, LOSS OF GOODWILL, LOSS OF PROFITS, OR
LOSS OF USE.
BLUE WATER DESIGN, LLC MAY PROVIDE TECHNICAL, APPLICATIONS OR DESIGN ADVICE,
QUALITY CHARACTERIZATION AND RELIABILITY DATA OR SERVICE IN CONNECTION WITH
BUYER’S ORDER. PROVIDING THESE ITEMS SHALL NOT EXPAND OR OTHERWISE AFFECT
BLUE WATER DESIGN, LLC’S WARRANTIES SET FORTH ABOVE AND NO OBLIGATION OR
LIABILITY SHALL ARISE FROM BLUE WATER DESIGN, LLC’S PROVISION OF SUCH ITEMS.