95-03028
09/20194
Waukesha Cherry-Burrell
®
Brand Colloid MillWarranty
Warranty
LIMITED WARRANTY: Unless otherwise mutually agreed to in writing, (a) SPX FLOW US, LLC (SPX FLOW)
goods, auxiliaries and parts thereof are warranted to the Buyer against defective workmanship and material for
a period of twelve (12) months from date of installation or eighteen (18) months from date of delivery, whichever
expires rst, and (b) SPX FLOW services are warranted to Buyer to have been performed in a workmanlike
manner for a period of ninety (90) days from the date of performance. If the goods or services do not conform
to the warranty stated above, then as Buyer’s sole remedy, SPX FLOW shall, at SPX FLOW’s option, either
repair or replace the defective goods or re-perform defective services. If Buyer makes a warranty claim to SPX
FLOW and no actual defect is subsequently found, Buyer shall reimburse SPX FLOW for all reasonable costs
which SPX FLOW incurs in connection with the alleged defect. Third party goods furnished by SPX FLOW will
be repaired or replaced as Buyer’s sole remedy, but only to the extent provided in and honored by the original
manufacturer’s warranty. Unless otherwise agreed to in writing, SPX FLOW shall not be liable for breach
of warranty or otherwise in any manner whatsoever for: (i) normal wear and tear; (ii) corrosion, abrasion or
erosion; (iii) any good or services which, following delivery or performance by SPX FLOW, has been subjected
to accident, abuse, misapplication, improper repair, alteration (including modications or repairs by Buyer, the
end customer or third parties other than SPX FLOW), improper installation or maintenance, neglect, or excessive
operating conditions; (iv) defects resulting from Buyer’s specications or designs or those of Buyer’s contractors
or subcontractors other than SPX FLOW; or (v) defects resulting from the manufacture, distribution, promotion
or sale of Buyer’s products; (vi) damage resulting from the combination, operation or use with equipment,
products, hardware, software, rmware, systems or data not provided by SPX FLOW, if such damage or harm
would have been avoided in the absence of such combination, operation or use; or (vii) Buyer’s use of the goods
in any manner inconsistent with SPX FLOW’s written materials regarding the use of such product. In addition,
the foregoing warranty shall not include any labor, dismantling, re-installation, transportation or access costs, or
other expense associated with the repair or replacement of SPX FLOW goods. THE WARRANTIES CONTAINED
HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES AVAILABLE TO BUYER AND SPX FLOW HEREBY
DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY
PERFORMANCE OR PROCESS OUTCOME DESIRED BY THE BUYER AND NOT SPECIFICALLY AGREED
TO BY SPX FLOW. THE FOREGOING REPAIR, REPLACEMENT AND REPERFORMANCE OBLIGATIONS
STATE SPX FLOW’S ENTIRE AND EXCLUSIVE LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY
CLAIM IN CONNECTION WITH THE SALE AND FURNISHING OF SERVICES, GOODS OR PARTS, THEIR
DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATIONS.
Shipping Damage or Loss
If equipment is damaged or lost in transit, le a claim at once with the delivering carrier. The carrier has a signed
Bill of Lading acknowledging that the shipment has been received from SPX FLOW in good condition. SPX FLOW
is not responsible for the collection of claims or replacement of materials due to transit shortage or damages.
Warranty Claim
Warranty claims must have a Returned Material Authorization (RMA) from the Seller or returns will not be
accepted. Contact 800-252-5200 or 262-728-1900.
Claims for shortages or other errors must be made in writing to Seller within ten (10) days after delivery. This
does not include transit shortage or damages. Failure to give such notice shall constitute acceptance and waiver
of all such claims by Buyer.
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