Disclaimers; Limited Warranty And Remedies - Watts Dormont FloPro-MD Manuel D'installation Et D'utilisation

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Disclaimers

Tablet and Smart Phone Data Disclaimer
The FloPro-MD collects data such as gas flow, gas pressure, temperature and displays such
data via the FloPro-MD app . The FloPro-MD app can be downloaded to a smart phone
(Android or IOS) or tablet . It displays rolling data, based upon owner/user data input settings,
and the data can be exported to a computer .
Use of the FloPro-MD and the FloPro-MD app are governed by our Privacy Policy and Terms
of Use, which are both available through the FloPro-MD app and our website:
www .watts .com/privacy-policy
www .watss .com/terms-of-use

Limited Warranty and Remedies

Limited Warranty / Limitation Of Remedy
A . Limited Warranty . Seller warrants to Buyer that the FloPro-MD items and components
manufactured by Seller other than commercial gas connectors will be free from defects in
material and workmanship for a period of one (1) year from tender of delivery to Buyer . For
items not manufactured by Seller, the only warranty extended is that of the manufacturer or
supplier of those items, if any .
B . Remedies . Seller's liability and Buyer's exclusive remedy is expressly limited to Seller's
replacement of the defective items and components manufactured by the Seller, at Seller's
cost . Such replacement will be made only upon return of the defective item in accordance
with Seller's shipping instructions and return authorization procedures . All defective returns
are subject to Seller's inspection . Seller shall not be liable for any labor or freight charges
related to the return of defective items to Seller . Such remedies are the sole remedies for
breach of warranty .
C . Exclusions and Conditions . Seller's obligations with respect to the express warranties and
remedies contained herein are conditioned on the following: Buyer shall not assign its rights
under these express warranties, and any attempted assignment shall render such warran-
ties, but not any disclaimers or limitations, void, and the goods shall be sold AS IS .
D . Disclaimer of Implied Warranties; Disclaimer of Damages . Seller gives no warranties except
those expressly contained herein . Seller disclaims all other warranties implied by law, usage
of the trade, course of dealing or course of performance including, but not limited to, the
implied warranties of merchantability and fitness for a particular purpose . In no event shall
seller be liable for special, indirect, consequential or incidental damages, whether arising
under contract, warranty, tort, negligence, strict liability or any other theory of liability . Such
damages include, but are not limited to, loss of profits, loss of use of the goods, damage
to property, and claims of third parties . Some states do not allow the exclusion or limitation
of incidental or consequential damages, or any limitations on how long an implied warranty
lasts, so the above exclusion or limitation may not apply to you . This warranty gives the
buyer specific legal rights, and buyer may also have other rights which vary from state to
state . So far as is consistent with applicable state law, any implied warranties that may not
be disclaimed, including the implied warranties of merchantability or fitness for a particular
purpose, are limited in duration to one year from the date of manufacture .
E . Notice and Time of Claim . Buyer agrees to check and inspect all products against shipping
papers and for damage or shortage upon receipt of goods at destination . Every claim for
loss, damage in transit, or other cause visible upon inspection shall be made with carrier .
Claims for shortage must be made within five (5) days of receipt . Warranty claims must be
made within the applicable warranty period . The parties expressly waive the statute of lim-
itations and agree that any legal proceeding for any breach of this contract shall be waived
unless held within two (2) years after the accrual of the cause of action therefor .
FloPro
-MD Installation and Operation Manual
15

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Fpmd75ff

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