Xylem Heat Exchangers User Manual Page 8

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WARRANTY OF SELLER’S PRODUCTS
Except where a different express warranty has been
issued with respect to a particular product, no war-
ranty of any kind, express or implied, is extended by
the seller to any person or persons other than its
direct Buyers. To direct Buyers, the Seller warrants
only that it will furnish by freight a replacement for,
or at its option repair, any product of its manufacture
or part or portion thereof, proved to its satisfaction
to be defective in material or workmanship under
normal use and service (i) within a period of six (6)
months from date of shipment as to those parts
which contain perishable elastomers or (ii) within one
year from the date all other equipment or part thereof
is first placed in use, or two years from the date of
shipment, whichever shall be less.
The Seller shall have no responsibility for the perfor-
mance of any product sold by it under conditions vary-
ing materially from those under which such product is
usually tested under existing industry standards, nor
for any damage to the product from abrasion, erosion,
corrosion, deterioration or the like due to abnormal
temperatures or corrosive fluids or the influence of
foreign matter or energy, or flow induced vibration
caused by associated equipment or external influ-
ences; nor for the design or operation of any system
of which any such product may be made a part or for
the suitability of any such product for any particular
application. The Seller shall not be liable for any
cost or expense, including, without limitation, labor
expense, in connection with the removal or replace-
ment of alleged defective equipment or any part or
portion thereof nor for incidental or consequential
damages of any kind, nor under any circumstances
for any damage beyond the price of the goods sold.
Any freight allowance in connection with a replace-
ment will be on the same terms as were applicable
to the original sale, except that a replacement for a
product or part or portion thereof which is proved to
the Seller’s satisfaction to be defective in material or
workmanship as provided herein above, will in any
event be furnished with freight (but not local cart-
age) allowed, within the country of origin, to the first
destination. Any substitution of parts not of Seller’s
manufacture or not authorized by Seller, or any
modification, tampering, or manipulation of Seller’s
product, shall void the warranty.
Other Warranties The foregoing warranty is in
lieu of all other warranties of any kind, express or
implied, and of all other obligations or liabilities, on
the part of the Seller. The Seller neither assumes, nor
does it authorize any other person to assume on its
behalf, any other liability in connection with the sale
of its products.
Seller expressly disclaims the implied warranties of
merchantability and fitness for a particular purpose.
Goods of Other Manufacturers — Goods of other
manufacturers sold by the Seller are not warranted
except by express warranties which may be issued
in writing from time to time with respect to a par-
ticular product or a particular sale; but the Seller will
endeavor to secure for its direct Buyers the benefits
of warranties extended by the manufacturers of such
goods sold but not manufactured by the Seller.
Warranty
For more information, please contact:
175 Standard Parkway Cheektowaga, NY 14227
800/447-7700 Fax: 716/897-1777
www.itt.com
Heat Transfer
Lit #104-17
© 2007 ITT
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