Dynasonics TFXL Clamp-On Ultrasonic Flow User Manual download pdf (Page 43)

06-TTM-UM-00158 8/2012 43

Badger Meter Warranty

TFXL Clamp-on Ultrasonic Flow Meter for Liquids

PRODUCTS COVERED

The Badger Meter warranty shall apply to the

Dynasonics TFXL clamp-on Ultrasonic flow meter

for liquids (“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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