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LIMITeD WARRANTY
THIS WARRANTY SeTS FORTH THe COMPANY'S
SOLe OBLIGATION AND PURCHASeR'S exCLUSIVe
ReMeDY FOR DeFeCTIVe 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 purchase 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. 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.
2. 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.
3. Any product that is operated with any accessory, equipment,
component, or part not specifically approved by the Company.
4. 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.
5. 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.
6. Any product that has been used for purposes other than those
for which it was designed and manufactured.
7. Any use of the product where installation instructions and/or
instructions for use were not followed.
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
corresponding 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 by the Company. There are no warranties or representations
beyond 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. DAMAGeS AS SeT FORTH IN 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
regulations. Where any term of this warranty is prohibited by such
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