BJM Pumps KZN(R)-F SERIES HEAVY DUTY AGITATOR TOP DISCHARGE Electric Submersible Pumps - Manual (Page 28)

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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,
hereinaft
er 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.