Waukesha Cherry-Burrell Warranty
10/2012 95-03087 Page 5
Warranty
Seller warrants its products to be free from defect in materials and workmanship
for a period of one (1) year from the date of shipment. This warranty shall not
apply to products which require repair or replacement due to normal wear and
tear or to products which are subjected to accident, misuse or improper mainte-
nance. This warranty extends only to the original Buyer. Products manufactured
by others but furnished by Seller are exempted from this warranty and are limited
to the original manufacturer’s warranty.
Seller’s sole obligation under this warranty shall be to repair or replace any prod-
ucts that Seller determines, in its discretion, to be defective. Seller reserves the
right either to inspect the products in the field or to request their prepaid return to
Seller. Seller shall not be responsible for any transportation charges, duty, taxes,
freight, labor or other costs. The cost of removing and/or installing products which
have been repaired or replaced shall be at Buyer’s expense.
Seller expressly disclaims all other warranties, express or implied, including with-
out limitation any warranty of merchantability of fitness for a particular purpose.
The foregoing sets forth Seller’s entire and exclusive liability, and Buyer’s exclu-
sive and sole remedy, for any claim of damages in connection with the sale of
products. In no event shall Seller be liable for any special consequential incidental
or indirect damages (including without limitation attorney’s fees and expenses),
nor shall Seller be liable for any loss of profit or material arising out of or relating to
the sale or operation of the products based on contract, tort (including negli-
gence), strict liability or otherwise.
Shipping
Damage or
Loss
If equipment is damaged or lost in transit, file a claim at once with the delivering
carrier. The carrier has signed the Bill of Lading acknowledging that the shipment
has been received from SPX Flow Technology in good condition. SPX Flow Tech-
nology is not responsible for the collection of claims or replacement of materials
due to transit shortages or damages.
Warranty Claim
Warranty claims must have a Returned Goods Authorization (RGA) from the
Seller before returns will be accepted.
Claims for shortages or other errors, exclusive of transit shortages or damages,
must be made in writing to Seller within ten (10) days after delivery. Failure to give
such notice shall constitute acceptance and waiver of all such claims by Buyer.
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