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Warranty and limitation of liability – BJM Pumps PGV220-575T User Manual

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BJM PUMPS, LLC

123 Spencer Plain Road

Old Saybrook, CT 06475, U.S.A.

WARRANTY AND LIMITATION OF LIABILITY

Unless otherwise expressly authorized in writing, specifying a longer or shorter period, BJM

Pumps, LLC warrants for a period of eighteen (18) months from the date of shipment from the

Point of Shipment, or one (1) year from the date of installation, whichever occurs first, that all

products or parts thereof furnished by BJM Pumps, LLC under the brand name

BJM Pumps,

hereinafter referred to as the “Product” are free from defects in materials and workmanship and

conform to the applicable specification.

BJM Pumps, LLC’s liability for any breach of this warranty shall be limited solely to replacement

or repair, at the sole option of BJM Pumps, LLC, of any part or parts of the Product found to be

defective during the warranty period, provided the Product is properly installed and is being

used as originally intended. Any breach of this warranty must be reported to BJM Pumps, LLC

or BJM Pumps, LLC’s authorized service representative within the aforementioned warranty

period, and defective Product or parts thereof must be shipped to BJM Pumps, LLC or BJM

Pumps, LLC’s authorized representative, transportation charges prepaid. Any cost associated

with removal or installation of a defective Product or part is excluded.

IT IS EXPRESSLY AGREED THAT THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY

OF BJM PUMPS, LLC’S DISTRIBUTORS AND CUSTOMERS. UNDER NO CIRCUMSTANCES

SHALL BJM PUMPS, LLC BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES,

SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING

DIRECTLY OR INDIRECTLY FROM THE DESIGN, MANUFACTURE, SALE, USE OR REPAIR

OF THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, OR

STRICT LIABILITY. IN NO EVENT WILL LIABILITY EXCEED THE PURCHASE PRICE OF

THE PRODUCT.

THE WARRANTY AND LIMITS OF LIABILITY CONTAINED HEREIN ARE IN LIEU OF ALL

OTHER WARRANTIES AND LIABILITIES, EXPRESSED OR IMPLIED. ALL IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE

HEREBY DISCLAIMED BY BJM PUMPS, LLC AND EXCLUDED FROM THIS WARRANTY.

BJM Pumps, LLC neither assumes, nor authorizes any person to assume for it, any other

warranty obligation in connection with the sale of the Product. This warranty shall not apply to

any Product or parts of Product which have (a) been repaired or altered outside of BJM Pumps,

LLC’s facilities unless such repair was authorized in advance by BJM Pumps, LLC or by its

authorized representative; or (b) have been subject to misuse, negligence or accident; or (c)

have been used in a manner contrary to BJM Pumps, LLC’s instruction.

In any case of products not manufactured and sold under the BJM Pumps, LLC brand name,

there is no warranty from BJM Pumps, LLC; however BJM Pumps, LLC will extend any warranty

received from BJM Pumps, LLC’s supplier of such products.