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Badger Meter! ORION' Water Products
<br />PRODUCTS PRODUCT RETURNS
<br />This warranty shall apply to Badger Meter ORION' series AMR/AMI
<br />water endpoints, endpoint assemblies, reading hardware and software
<br />sold on or after September 22, 2014.
<br />ORION series AMR/AMI water endpoints include Fixed Network (SE),
<br />Migratable (ME), Classic (CE) and Classic with Data Profiling (CE).
<br />Endpoint assemblies include ORION endpoints shipped with
<br />Badger Meter HR E -LCD, HR -E, ADE', RTR' encoders and
<br />E -Series® meters.
<br />This warranty is not transferable and is extended only to utilities,
<br />municipalities, other commercial users and authorized distributors,
<br />hereafter referred to as "Customer" and does NOT apply to consumers
<br />or any person or entity who is not an original Customer of
<br />Badger Meter or its authorized distributors.
<br />MATERIAL AND WORKMANSHIP
<br />Badger Meter warrants all ORION series AMR/AMI water endpoints,
<br />endpoint assemblies, reading hardware and software, hereafter
<br />referred to as "Prod uct(s)"as listed below, to be free from defects in
<br />material and workmanship for the time period stated.
<br />Endpoints'
<br />20 years and 6
<br />months after shipment
<br />Endpoint Assemblies'-'
<br />20 years and 6
<br />months after shipment
<br />CE Serial Repeater
<br />5 years and 6
<br />months after shipment
<br />Permalog+Acoustic Leak Logger
<br />i
<br />3 years and 6
<br />months after shipment
<br />1 year and 6
<br />months after shipment
<br />SE, SE It Network Gateway
<br />Transceiver
<br />CE (4.0, 2.0) Network Gateway
<br />1 year and 6
<br />months after shipment
<br />Receiver
<br />Mobile Reading System
<br />1 year and 6
<br />months after shipment
<br />Trimble* Ranger Handheld and
<br />1 year and 6
<br />months after shipment
<br />Charging Cradle
<br />Mobile ME Transceiver Kit or
<br />1 year and 6
<br />months after shipment
<br />CE Receiver Kit
<br />ReadCenter' Reading Data
<br />1 year and 6
<br />months after shipment
<br />Management Software
<br />'Badger Meter warrants endpoints, endpoint assemblies and endpoint batteries—
<br />collectively ORION endpoint Products—to be free from defects in material and
<br />workmanship for twenty (20) years and six (6) months after shipment from
<br />Badger Meter. Badger Meter will repair or replace, at its discretion, a non-performing
<br />ORION endpoint Product at no cost during the first ten (10) years, and at a prorated
<br />price during the last ten (10) years of the warranty. Badger Meter will apply these
<br />prorated price discounts to the ORION endpoint Product list prices at the time of
<br />ORION endpoint Product return and according to the following prorated price
<br />discount schedule: Years 11 through 12 - 75% discount; Years 13 through 15 - 50%
<br />discount; Year 16 - 40% discount; Year 17 - 30% discount; Year 18 - 20% discount;
<br />and Years 19 through 20 -10% discount.
<br />' ORION endpoint is warranted per the 20 -year proration shown above. Refer to
<br />the appropriate E -Series Ultrasonic Meter Warranty for meter, electronics and
<br />battery coverage.
<br />ORI -WR -00531 -EN -06 (September 2014)
<br />Product failures must be proven and verified to the satisfaction of
<br />Badger Meter. The Badger Meter obligation hereunder shall be limited
<br />to such repair and replacement and shall be conditioned upon Badger
<br />Meter receiving written notice of any asserted defect within 10 (ten)
<br />days after its discovery. This exclusive remedy shall not be deemed
<br />to have failed its essential purpose so long as Badger Meter is willing
<br />and able to replace the defective Product for the Customer within a
<br />reasonable time, after receipt of proof that a defect is involved. Product
<br />returns must be shipped by the Customer prepaid F.O.B. to the nearest
<br />Badger Meter factory or distribution center. The Customer shall be
<br />responsible for all direct and indirect costs associated with removing
<br />the Product and reinstalling the repaired or replacement Product.
<br />LIMITS OF LIABILITY
<br />This warranty shall not apply to any Product repaired or altered by any
<br />Party other than Badger Meter. The foregoing warranty applies only to
<br />the extent that the Product is installed, serviced and operated strictly
<br />in accordance with Badger Meter instructions. The warranty shall not
<br />apply and shall be void with respect to Products exposed to conditions
<br />other than those detailed in Product technical literature or which have
<br />been subject to vandalism, negligence, accident, acts of God, improper
<br />installation, operation or repair, alteration or other circumstances
<br />which are beyond the reasonable control of Badger Meter. With
<br />respect to products not manufactured by Badger Meter, the warranty
<br />obligations of Badger Meter shall in all respects conform and be limited
<br />to the warranty extended to Badger Meter by the supplier.
<br />THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL
<br />OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING
<br />BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
<br />FITNESS FOR A PARTICULAR PURPOSE (except warranties of Title).
<br />Any description of the Product, whether in writing or made orally by
<br />Badger Meter or its agents, specifications, samples, models, bulletins,
<br />drawings, diagrams, engineering sheets or similar materials used
<br />in connection with any Customer's order are for the sole purpose
<br />of identifying the Product and shall not be construed as an express
<br />warranty. Any suggestions by Badger Meter or its agents regarding use,
<br />application or suitability of the Product shall not be construed as an
<br />express warranty unless confirmed to be such, in writing, by
<br />Badger Meter.
<br />Exclusion of Consequential Damages and Disclaimer of
<br />Other Liability
<br />The liability of Badger Meter with respect to breaches of the foregoing
<br />warranty shall be limited as stated herein. Badger Meter's liability
<br />shall in no event exceed the contract price. BADGER METER SHALL
<br />NOT BE SUBJECTTO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS
<br />OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF
<br />WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM
<br />TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
<br />OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECTTO
<br />PRODUCTS SOLD OR SERVICES RENDERED BY BADGER METER, OR ANY
<br />UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL
<br />CONSEQUENTIAL, INCIDENTAL AND CONTINGENT
<br />DAMAGES WHATSOEVER.
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