05-TUR-UM-00193 09/12 Badger Meter Warranty
Badger Meter Warranty
Flo-tech Portable Hydraulic Testers
PRODUCTS COVERED
The Badger Meter warranty shall apply to the Flo-tech
Portable Hydraulic Testers (“Product”).
MATERIALS AND WORKMANSHIP
Badger Meter warrants the Product to be free from defects in
materials and workmanship for a period of 12 months from the
original purchase date.
PRODUCT RETURNS
Product failures must be proven and verified to the satisfaction
of Badger Meter. The Badger Meter obligation hereunder shall be
limited to such repair and replacement and shall be conditioned
upon Badger Meter receiving written notice of any asserted defect
within 10 (ten) days after its discovery. If the defect arises and a
valid claim is received within the Warranty Period, at its option,
Badger Meter will either (1) exchange the Product with a new, used
or refurbished Product that is at least functionally equivalent to the
original Product, or (2) refund the purchase price of the Product.
DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE
BADGER METER CUSTOMER SERVICE DEPARTMENT AND OBTAINED
A RETURN AUTHORIZATION.
Product returns must be shipped by the Customer prepaid F.O.B.
to the nearest Badger Meter factory or distribution center. The
Customer shall be responsible for all direct and indirect costs
associated with removing the original Product and reinstalling
the repaired or replacement Product. A replacement Product
assumes the remaining warranty of the original Product or ninety
(90) days from the date of replacement, whichever provides
longer coverage.
LIMITS OF LIABILITY
This warranty shall not apply to any Product repaired or altered
by any Product other than Badger Meter. The foregoing warranty
applies only to the extent that the Product is installed, serviced and
operated strictly in accordance with Badger Meter instructions. The
warranty shall not apply and shall be void with respect to a Product
exposed to conditions other than those detailed in applicable
technical literature and Installation and Operation Manuals (IOMs)
or which have been subject to vandalism, negligence, accident, acts
of God, improper installation, operation or repair, alteration, or other
circumstances which are beyond the reasonable control of Badger
Meter.
With respect to products not manufactured by Badger Meter, the
warranty obligations of Badger Meter shall in all respects conform
and be limited to the warranty extended to Badger Meter by the
supplier.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
(except warranties of title).
Any description of a Product, whether in writing or made orally
by Badger Meter or its agents, specifications, samples, models,
bulletins, drawings, diagrams, engineering sheets or similar
materials used in connection with any Customer’s order are for the
sole purpose of identifying the Product and shall not be construed
as an express warranty. Any suggestions by Badger Meter or its
agents regarding use, application or suitability of the Product shall
not be construed as an express warranty unless confirmed to be
such, in writing, by Badger Meter.
EXCLUSION OF CONSEQUENTIAL DAMAGES AND
DISCLAIMER OF OTHER LIABILITY
Badger Meter liability with respect to breaches of the foregoing
warranty shall be limited as stated herein. Badger Meter liability
shall in no event exceed the contract price. BADGER METER SHALL
NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS
OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF
WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM
TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO
PRODUCTS SOLD OR SERVICES RENDERED BY BADGER METER, OR
ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES
WHATSOEVER.
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