LIMITED WARRANTY
THIS WARRANTY SETS FORTH THE COMPANY'S SOLE
OBLIGATION AND PURCHASER'S EXCLUSIVE REMEDY
FOR DEFECTIVE PRODUCT.
Franklin Electric Company, Inc. and its subsidiaries (hereafter "the
Company") warrants that the products accompanied by this warranty
are free from defects in materials or workmanship of the Company that
exist at the time of sale by the Company and which occur or exist within
the applicable warranty period. Any distributor, sub-distributor, recipient,
end-user and/or consumer agrees that by accepting the receipt of the
products, the distributor, sub-distributor, recipient, end user and/or
consumer expressly agree to be bound by the terms of the warranty set
forth herein.
I.
Applicable Warranty Period
The products accompanied by this warranty shall be covered by this
Limited Warranty for a period of 12 months from the date of original
purchase by the consumer. In the absence of suitable proof of purchase
date, the warranty period of this product will begin to run on the product's
date of manufacture.
II.
Instructions Applicable to this Limited Warranty
1.
Consumers wishing to submit a warranty claim must return
the products accompanied by this warranty to the point of
purchase for warranty consideration.
2.
Upon discovery of a defect, any personal injury, property
damage or any other type of resulting damage, if
applicable, shall be reasonably mitigated to the extent
possible.
3.
At its discretion, the Company may inspect products either
at its facilities or in the field, and after determination of a
warranty claim, will, at its option, repair or replace defective
parts. Repaired or replaced parts will be returned freight
prepaid by the Company.
4.
This warranty policy does not cover any labor or shipping
charges. The Company shall not be liable for any costs or
charges attributable to any product testing, maintenance,
installation, repair or removal, or for any tools, supplies, or
equipment needed to install, repair, or remove any product.
III.
Limitations Applicable to this Limited Warranty
THIS WARRANTY DOES NOT APPLY TO
ANY OF THE FOLLOWING:
1.
Any product that is not installed, applied, maintained,
and used in accordance with the Company's
published instructions, applicable codes, applicable
ordinances and/or with generally accepted industry
standards.
2.
Any product that has been subject to misuse,
misapplication, neglect, alteration, accident, abuse,
tampering, acts of God (including lightning), acts of
terrorism, acts of war, fire, improper storage or installation,
improper use, improper maintenance or repair, damage or
casualty, or to an excess of the recommended maximums as
set forth in the product instructions.
3.
Any product that is operated with any accessory,
equipment, component, or part not specifically approved by
the Company.
4.
Use of replacement parts not sold by the Company, the
unauthorized addition of non-Company products to other
Company products, and the unauthorized alteration of
Company products.
5.
Products damaged by normal wear and tear, normal
maintenance services and the parts used in connection
with such service, or any other conditions beyond the control
of the Company.
6.
Any product that has been used for purposes other than
those for which it was designed and manufactured.
7.
Any use of the product where installation instructions and/
or instructions for use were not followed.
The Company reserves the right at any time, and from time to time,
to make changes in the design and/or improvements upon its
product without thereby imposing any obligation upon itself to make
corresponding changes or improvements in or upon its products already
manufactured and/or previously sold. The Company further reserves
the right to substitute parts or components of substantially equal quality
in any warranty service required by operation of this Limited Warranty.
This written Limited Warranty is the entire warranty authorized and
offered by the Company. There are no warranties or representations
beyond those expressed in this document.
THIS WARRANTY AND REMEDY IS IN LIEU OF ALL OTHER WARRANTIES
AND REMEDIES INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED AND
EXPRESSLY EXCLUDED.
CORRECTION OF NON-CONFORMITIES,
IN THE MANNER AND FOR THE PERIOD OF TIME AS SET FORTH
ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITY OF THE
COMPANY TO THE PURCHASER WHETHER BASED ON CONTRACT,
NEGLIGENCE, OR OTHERWISE.
THE COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES SUCH AS, BUT NOT
LIMITED TO:
DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT,
LOSS OF USE OF EQUIPMENT, FACILITIES OR SERVICE, LOSS
OF PROFIT OR SALES, COST OF PURCHASES OR REPLACEMENT
GOODS, CLAIMS OF CUSTOMERS OF THE PURCHASER, FAILURE
TO WARN AND/OR INSTRUCT, LOSS OF OTHER PRODUCTS, OR
COSTS OF ENVIRONMENTAL REMEDIATION, OR DIMINUTION
IN PROPERTY VALUE.
THE REMEDIES OF THE PURCHASER
SET FORTH HEREIN ARE EXCLUSIVE, AND THE LIABILITY OF
THE COMPANY SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED
HEREIN, EXCEED THE PRICE OF THE PRODUCTS UPON WHICH
SUCH LIABILITY IS BASED. DAMAGES AS SET FORTH IN THIS
PARAGRAPH SHALL BE REASONABLY MITIGATED TO THE
EXTENT POSSIBLE. THIS PARAGRAPH SHALL ALSO APPLY TO
ALL DAMAGES RESULTING FROM CONDITIONS SET FORTH IN
SECTION III ABOVE AND (1) DEFECTS IN PRODUCT PROTOTYPES
OR REPLACEMENT PART PROTOTYPES THAT HAVE NOT BEEN PUT
INTO PRODUCTION, CIRCULATED AND SOLD BY THE COMPANY,
AND/OR (2) DEFECTS THAT WERE NOT FOUND AT THE TIME OF
SALE DUE TO SCIENTIFIC AND TECHNOLOGICAL REASONS.
This Limited Warranty gives you specific legal rights. You may have other
rights, which vary according to the applicable laws and regulations.
Where any term of this warranty is prohibited by such laws, it shall be
null and void, but the remainder of this warranty shall remain in full force
and effect.
DISCLAIMER: Any oral statements about the product made by the seller,
the Company, the representatives or any other parties, do not constitute
warranties, shall not be relied upon by the user, and are not part of the
contract for sale. Seller's and the Company's only obligation, and buyer's
only remedy, shall be the replacement and/or repair by the Company of
the product as described above. Before using, the user shall determine
the suitability of the product for his intended use, and user assumes all
risk and liability whatsoever in connection therewith.
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