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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 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 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.
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.
I. Période de Garantie Applicable
Les produits accompagnés par cette garantie doivent être couverts par cette
Garantie Limitée pour une période de 12 mois à compter de la date d'achat
originale par le consommateur. En l'absence de preuves concrètes de la date
d'achat, la période de garantie de ce produit commencera à partir de la date de
fabrication du produit.
II. Instructions Applicables à cette Garantie Limitée
1. Les consommateurs qui souhaitent soumettre une réclamation de garantie
doivent retourner les produits avec cette garantie au point de vente pour
considération de garantie.
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