Xylem optimyze, Installation, Operation And Maintenance Manual

10  Product Warranty

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 twelve (12) months 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 sixty (60)

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. Under 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.

10  Product Warranty

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 Installation, Operation, and Maintenance Manual

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