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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 distribu-
tor, 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 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.
6
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 representa-
tions 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.
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.
THIS PARAGRAPH SHALL BE REASONABLY MITIGATED TO
THE EXTENT POSSIBLE.
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 dis-
tributeur, sous-distributeur, destinataire, utilisateur final et/ou con-
sommateur, 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.
CORRECTION OF
DAMAGES AS SET FORTH IN
THIS PARAGRAPH SHALL ALSO
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