Dynasonics TFXL Clamp-On Ultrasonic Flow - Manual (Page 43)

06-TTM-UM-00158 8/2012 43
Badger Meter Warranty
Badger Meter Warranty
TFXL Clamp-on Ultrasonic Flow Meter for Liquids
PRODUCTS COVERED
The Badger Meter warranty shall apply to the
Dynasonics TFXL clamp-on Ultrasonic flow meter
for liquids (“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.