Dynasonics DXN Portable Ultrasonic Measurement System Firmware Update - Manual (Page 15)

HYB-PM-00095-EN-02 May 2013
Badger Meter Warranty
Badger Meter Warranty
DXN Updater
PRODUCTS COVERED
The Badger Meter warranty shall apply to the Dynasonics
Flow Meter (“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 Party 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.