Bell & Gossett 10-001-278 XLS Integrated Pump Controller - Manual (Page 42)

WARRANTY INFORMATION
COMMERCIAL WARRANTY
Warranty. For goods sold to commercial buyers, Seller warrants the goods sold to Buyer hereunder (with the exception
of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts" or consumables all of which are not
warranted except as otherwise provided in the quotation or sales form) will be (i) be built in accordance with the
specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this
Agreement, and (ii) free from defects in material and workmanship for a period of one (1) year from the date of
installation or eighteen (18) months from the date of shipment (which date of shipment shall not be greater than thirty
(30) days after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is
specified in the product documentation (the “Warranty”).
Except as otherwise required by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any product
which fails to conform with the Warranty provided
Buyer gives written notice to Seller of any defects in material or
workmanship within ten (10) days of the date when any defects or non-conformance are first manifest. U nder either
repair or replacement option, Seller shall not be obligated to remove or pay for the removal of the defective product or
install or pay for the installation of the replaced or repaired product and Buyer shall be responsible for all other costs,
including, but not limited to, service costs, shipping fees and expenses. Seller shall have sole discretion as to the method
or means of repair or replacement. Buyer’s failure to comply with Seller’s repair or replacement directions shall
terminate Seller’s obligations under this Warranty and render the Warranty void. Any parts repaired or replaced under
the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced.
Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that have been: (a)
repaired by third parties other than Seller or without Seller’s written approval; (b) subject to misuse, misapplication,
neglect, alteration, accident, or physical damage; (c) used in a manner contrary to Seller’s instructions for installation,
operation and maintenance; (d) damaged from ordinary wear and tear, corrosion, or chemical attack; (e) damaged due to
abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) damaged due to a defective
power supply or improper electrical protection; or (g) damaged resulting from the use of accessory equipment not sold or
approved by Seller. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller
will extend to Buyer any warranty received from Seller’s supplier of such products.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,
GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE REQUIRED BY LAW,
BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING
WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE
AMOUNT PAID BY THE BUYER FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY OTHER
FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY
OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR
REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF
REPUTATION.