Franklin Electric Little Giant PES-380 Mode D'emploi page 9

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, recipi-
ent, 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 agrees 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 pur-
chase 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 corre-
sponding 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 regula-
tions. 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.
GARANTIE LIMITÉE
LA PRÉSENTE GARANTIE ÉNONCE LA SEULE OBLIGATION
DE LA SOCIÉTÉ ET LE RECOURS EXCLUSIF DE L'ACHETEUR
POUR UN PRODUIT DÉFECTUEUX.
Franklin Electric Company, Inc et ses filiales (ci-après « la Société
») garantit que les produits accompagnés de cette garantie sont
exempts de défauts de matériaux ou de fabrication de la Société
existant au moment de la vente par la Société et qui se produisent ou
existent pendant la période de garantie applicable. Tout distributeur,
sous-distributeur, destinataire, utilisateur final et/ou consommateur, en
acceptant la réception des produits, convient que le distributeur, sous-
distributeur, destinataire, utilisateur final et/ou consommateur accepte
expressément d'être lié par les termes de la garantie qui y sont énoncés.
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