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.3 Badger Meter <br />PRODUCTS <br />BEACON AMA Managed Solution <br />Water Endpoints <br />This warranty shall apply to Badger Meter BEACON AMA water <br />endpoints sold on or after September 11, 2014. <br />BEACON AMA water endpoints include ORION' series AMI Cellular <br />and Fixed Network water endpoints configured and deployed as <br />part of the Badger Meter BEACON AMA managed solution. <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 <br />consumers or any person or entity who is not an original Customer <br />of Badger Meter or its authorized distributors. <br />MATERIAL AND WORKMANSHIP <br />Badger Meter warrants all BEACON AMA water endpoints, hereafter <br />referred to as "Prod uct(s);'to be free from defects in material and <br />workmanship for ten (10) years and six (6) months after shipment. <br />PRODUCT RETURNS <br />Product failures must be proven and verified to the satisfaction of <br />Badger Meter. The Badger Meter obligation hereunder shall be <br />limited to such repair and replacement and shall be conditioned <br />upon Badger Meter receiving written notice of any asserted defect <br />within 10 (ten) days after its discovery. This exclusive remedy shall <br />not be deemed to have failed its essential purpose so long as <br />Badger Meter is willing and able to replace the defective Product <br />for the Customer within a reasonable time, after receipt of proof <br />that a defect is involved. Product returns must be shipped by the <br />Customer prepaid F.O.B. to the nearest Badger Meter factory or <br />distribution center. The Customer shall be responsible for all direct <br />and indirect costs associated with removing the Product and <br />reinstalling the repaired or replacement Product. <br />BEA -WR -00719 -EN -02 (September 2014) <br />LIMITS OF LIABILITY <br />This warranty shall not apply to any Product repaired or altered <br />by any Party other than Badger Meter. The foregoing warranty <br />applies only to the extent that the Product is installed, serviced and <br />operated strictly in accordance with Badger Meter instructions. The <br />warranty shall not apply and shall be void with respect to Products <br />exposed to conditions other than those detailed in Product <br />technical literature or which have been subject to vandalism, <br />negligence, accident, acts of God, improper installation, operation <br />or repair, alteration or other circumstances which are beyond the <br />reasonable control of Badger Meter. With respect to products not <br />manufactured by Badger Meter, the warranty obligations of <br />Badger Meter shall in all respects conform and be limited to the <br />warranty extended to Badger Meter by the supplier. <br />THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF <br />ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, <br />INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE <br />(except warranties of title). <br />Any description of the Product, whether in writing or made orally <br />by Badger Meter or its agents, specifications, samples, models, <br />bulletins, drawings, diagrams, engineering sheets or similar <br />materials used in connection with any Customer's order are for the <br />sole purpose of identifying the Product and shall not be construed <br />as an express warranty. Any suggestions by Badger Meter or its <br />agents regarding use, application or suitability of the Product shall <br />not be construed as an express warranty unless confirmed to be <br />such, in writing, by Badger Meter. <br />Exclusion of Consequential Damages and Disclaimer of <br />Other Liability <br />The liability of Badger Meter with respectto breaches of the <br />foregoing warranty shall be limited as stated herein. <br />Badger Meter's liability shall in no event exceed the contract price. <br />BADGER METER SHALL NOT BE SUBJECTTO AND DISCLAIMS: <br />(1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF <br />BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS <br />WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING <br />NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER <br />THEORIES OF LAW WITH RESPECTTO PRODUCTS SOLD OR <br />SERVICES RENDERED BY BADGER METER, OR ANY UNDERTAKINGS, <br />ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL <br />CONSEQUENTIAL, INCIDENTAL AND CONTINGENT <br />DAMAGES WHATSOEVER. <br />Badger Meter Warranty <br />