Dynasonics DXN Portable Ultrasonic Measurement System - Manual (Page 107)

06-HYB-UM-00010-EN February 2013
Badger Meter Warranty
Badger Meter
®
Badger Meter Warranty
Portable Ultrasonic Measurement System
PRODUCTS COVERED
The Badger Meter warranty shall apply to the Dynasonics
DXN Portable Ultrasonic Measurement System (“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.