BJM Pumps KZN-HYD6R - Manual (Page 36)

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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.