Limited Warranty - Xylem Goulds VIT Instrucciones De Instalación, Operación Y Mantenimiento

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Company warrants title to the product(s) and, except as noted with respect to items not of Company's manufacturer, also warrants the

product(s) on date of shipment to Purchaser, to be of the kind and quality described herein, and free of defects in workmanship and

material. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS, AND CONSTITUTES THE ONLY WARRANTY OF COMPANY WITH RESPECT

TO THE PRODUCT(S).

If within one year from date of initial operation, but not more than 18 months from date of shipment by Company of any item of product(s),

Purchaser discovers that such item was not as warranted above and promptly notifies Company in writing thereof, Company shall remedy such

nonconformance by, at Company's option, adjustment or repair or replacement of the item and any affected part of the product(s). Purchaser

shall assume all responsibility and expense for removal, reinstallation, and freight in connection with the foregoing remedies. The same

obligations and conditions shall extend to replacement parts furnished by Company hereunder. Company shall have the right of disposal of parts

replaced by it. Purchaser agrees to notify Company, in writing, of any apparent defects in design, material or workmanship, prior to performing

any corrective action back-chargeable to the Company. Purchaser shall provide a detailed estimate for approval by the Company.

ANY SEPARATE LISTED ITEM OF THE PRODUCT(S) WHICH IS NOT MANUFACTURED BY THE COMPANY IS NOT WARRANTED BY

COMPANY and shall be covered only by the express warranty, if any, of the manufacturer thereof.

THIS STATES THE PURCHASER'S EXCLUSIVE REMEDY AGAINST THE COMPANY AND ITS SUPPLIERS RELATING TO THE

PRODUCT(S), WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING

OUT OF WARRANTIES, REPRESENTATIONS, INSTRUCTIONS, INSTALLATIONS OR DEFECTS FROM ANY CAUSE. Company and

its suppliers shall have no obligation as to any products which have been improperly stored or handled, or which have not been operated or

maintained according to instructions in Company or supplier furnished manuals.

LIMITATION OF LIABILITY – Neither Company nor its suppliers shall be liable, whether in contract or in tort or under any other legal

theory, for loss of use, revenue or profit, or cost of capital or of consequential damages, or for any other loss or cost of similar type or for claims

by Purchaser for damages of Purchaser's customers. Likewise, Company shall not under any circumstances be liable for the fault, negligence,

wrongful acts of Purchaser or Purchaser's employees, or Purchaser other contractors or suppliers.

IN NO EVENT SHALL COMPANY BE LIABLE IN EXCESS OF THE SALES PRICE OF THE PART OR PRODUCT FOUND DEFECTIVE.