Laserfiche WebLink
Mt04 Badger Meter <br />PRODUCTS COVERED <br />HR -E <br />High Resolution Encoder <br />This Badger Meter warranty shall apply to the High Resolution <br />Encoder (HR -E) ("Product"), sold on or after June 3, 2014. This <br />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 />MATERIALS AND WORKMANSHIP <br />Badger Meter warrants the Product to be free from defects in <br />materials and workmanship appearing within ten (10) years and six <br />(6) months after shipment from Badger Meter. <br />PRODUCT RETURNS <br />Any Product proved to the satisfaction of Badger Meter to have <br />failed the foregoing warranties will, at the option of Badger Meter, <br />be repaired or replaced without charge to the Customer. The <br />Badger Meter obligation hereunder shall be limited to such repair <br />and replacement and shall be conditioned upon Badger Meter <br />receiving written notice of any alleged defect within ten (10) days <br />after its discovery. This exclusive remedy shall not be deemed <br />to have failed its essential purpose so long as Badger Meter is <br />willing and able to replace defective products or issue a credit <br />to purchaser within a reasonable time of proof to Badger Meter <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 original Product <br />and reinstalling the repaired or replacement Product. <br />LIMITS OF LIABILITY <br />This warranty shall not apply to Product repaired or altered by <br />parties other than Badger Meter. The foregoing warranty applies <br />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 Product <br />exposed to conditions other than those detailed in the <br />Badger Meter Product technical literature or which have been <br />subject to vandalism, negligence, accident, acts of God, alteration, <br />improper installation, operation or repair, or other circumstances <br />which are beyond the reasonable control of Badger Meter. With <br />respect to Product not manufactured by Badger Meter, the <br />warranty obligations of Badger Meter shall in all respects conform <br />and be limited to the warranty extended to Badger Meter by <br />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 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 Product and shall not be construed as <br />an express warranty. Any suggestions by Badger Meter or its agents <br />regarding use, application or suitability of Product shall not be <br />construed as an express warranty unless confirmed to be such in <br />writing by Badger Meter. <br />Exclusion of Consequential Damages and Disclaimer of <br />Other Liability <br />Badger Meter liability with respect to breaches of the foregoing <br />warranty shall be limited as stated therein. Badger Meter 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 <br />ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, <br />AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT <br />DAMAGES WHATSOEVER. <br />ENC -WR -00969 -EN -01 (June 2014) Badger Meter Warranty <br />