LIMITED WARRANTY
THIS WARRANTY SETS FORTH THE COMPANY'S SOLE OBLIGATION
AND
PURCHASER'S
EXCLUSIVE
PRODUCT.
Franklin Electric Company, Inc. and its subsidiaries (hereafter "the
Company") warrants that the products accompanied by this warranty
are free from defects in materials or workmanship of the Company
that exist at the time of sale by the Company and which occur or exist
within the applicable warranty period. Any distributor, sub-distributor,
recipient, end-user and/or consumer agrees that by accepting the
receipt of the products, the distributor, sub-distributor, recipient, end
user and/or consumer expressly agrees to be bound by the terms of
the warranty set forth herein.
I. Applicable Warranty Period
The products accompanied by this warranty shall be covered by this
Limited Warranty for a period of 12 months from the date of original pur-
chase by the consumer. In the absence of suitable proof of purchase date,
the warranty period of this product will begin to run on the product's date
of manufacture.
II. Instructions Applicable to this Limited Warranty
1. Consumers wishing to submit a warranty claim must return the
products accompanied by this warranty to the point of purchase
for warranty consideration.
2. Upon discovery of a defect, any personal injury, property damage
or any other type of resulting damage, if applicable, shall be
reasonably mitigated to the extent possible.
3. At its discretion, the Company may inspect products either at its
facilities, or in the field, and after determination of a warranty claim,
will, at its option, repair or replace defective parts. Repaired or
replaced parts will be returned freight prepaid by the Company.
4. This warranty policy does not cover any labor or shipping charges.
The Company shall not be liable for any costs or charges
attributable to any product testing, maintenance, installation, repair
or removal, or for any tools, supplies, or equipment needed to
install, repair, or remove any product.
III. Limitations Applicable to this Limited Warranty
THIS WARRANTY DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. Brushes, impeller or cam on models with brush-type motors and/or
flex-vane impellers.
2. Any product that is not installed, applied, maintained and used in
accordance with the Company's published instructions, applicable
codes, applicable ordinances and/or with generally accepted
industry standards.
3. Any product that has been subject to misuse, misapplication,
neglect, alteration, accident, abuse, tampering, acts of God
(including lightning), acts of terrorism, acts of war, fire, improper
storage or installation, improper use, improper maintenance or
repair, damage or casualty, or to an excess of the recommended
maximums as set forth in the product instructions.
4. Any product that is operated with any accessory, equipment,
component, or part not specifically approved by the Company.
5. Use of replacement parts not sold by the Company, the unauthorized
addition of non-Company products to other Company products,
and the unauthorized alteration of Company products.
6. Products damaged by normal wear and tear, normal maintenance
services and the parts used in connection with such service, or any
other conditions beyond the control of the Company.
7. Any product that has been used for purposes other than those for
which it was designed and manufactured.
8. Any use of the product where installation instructions and/or
instructions for use were not followed.
9. Products connected to voltage other than indicated on nameplate.
10. Products where the pump was exposed to any of the following:
sand, gravel, cement, grease, plaster, mud, tar, hydrocarbons,
hydrocarbon derivatives (oil, gasoline, solvents, etc.) or other
abrasive or corrosive substances.
REMEDY
FOR
DEFECTIVE
11. Products in which the pump has been used to pump or circulate
anything other than fresh water at room temperature.
12. Products in which the pump was allowed to operate dry (fluid
supply cut off).
13. Products in which the sealed motor housing has been opened or
the product has been otherwise dismantled by customer.
14. Products in which the cord has been cut to a length of less than
three feet.
The Company reserves the right at any time, and from time to time, to
make changes in the design and/or improvements upon its product
without thereby imposing any obligation upon itself to make corre-
sponding changes or improvements in or upon its products already
manufactured and/or previously sold. The Company further reserves
the right to substitute parts or components of substantially equal
quality in any warranty service required by operation of this Limited
Warranty.
This written Limited Warranty is the entire warranty authorized and offered
Company. There are no warranties or representations beyond
by the
those expressed in this document.
THIS WARRANTY AND REMEDY IS IN LIEU OF ALL OTHER
WARRANTIES AND REMEDIES INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
PARTICULAR PURPOSE, WHICH ARE HEREBY SPECIFICALLY
DISCLAIMED AND EXPRESSLY EXCLUDED. CORRECTION OF NON-
CONFORMITIES, IN THE MANNER AND FOR THE PERIOD OF TIME
AS SET FORTH ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL
LIABILITY OF THE COMPANY TO THE PURCHASER WHETHER BASED
ON CONTRACT, NEGLIGENCE, OR OTHERWISE.
THE COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES SUCH AS, BUT NOT
LIMITED TO:
DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT,
LOSS OF USE OF EQUIPMENT, FACILITIES OR SERVICE, LOSS
OF PROFIT OR SALES, COST OF PURCHASES OR REPLACEMENT
GOODS, CLAIMS OF CUSTOMERS OF THE PURCHASER, FAILURE
TO WARN AND/OR INSTRUCT, LOSS OF OTHER PRODUCTS, OR
COSTS OF ENVIRONMENTAL REMEDIATION, OR DIMINUTION
IN PROPERTY VALUE.
THE REMEDIES OF THE PURCHASER
SET FORTH HEREIN ARE EXCLUSIVE, AND THE LIABILITY OF
THE COMPANY SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED
HEREIN, EXCEED THE PRICE OF THE PRODUCTS UPON WHICH
SUCH LIABILITY IS BASED.
THIS PARAGRAPH SHALL BE REASONABLY MITIGATED TO THE
EXTENT POSSIBLE. THIS PARAGRAPH SHALL ALSO APPLY TO
ALL DAMAGES RESULTING FROM CONDITIONS SET FORTH IN
SECTION III ABOVE AND (1) DEFECTS IN PRODUCT PROTOTYPES
OR REPLACEMENT PART PROTOTYPES THAT HAVE NOT BEEN
PUT INTO PRODUCTION, CIRCULATED AND SOLD BY THE
COMPANY, AND/OR (2) DEFECTS THAT WERE NOT FOUND AT
THE TIME OF SALE DUE TO SCIENTIFIC AND TECHNOLOGICAL
REASONS.
This Limited Warranty gives you specific legal rights. You may have
other rights, which vary according to the applicable laws and regula-
tions. Where any term of this warranty is prohibited by such laws, it
shall be null and void, but the remainder of this warranty shall remain
in full force and effect.
DISCLAIMER: Any oral statements about the product made by the
seller, the Company, the representatives or any other parties, do not
constitute warranties, shall not be relied upon by the user, and are not
part of the contract for sale. Seller's and the Company's only obligation,
and buyer's only remedy, shall be the replacement and/or repair by the
Company of the product as described above. Before using, the user
shall determine the suitability of the product for his intended use, and
user assumes all risk and liability whatsoever in connection therewith.
DAMAGES AS SET FORTH IN
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