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Franklin Electric SUBDRIVE CONNECT PLUS SDCP-SUB0723 Manuel Du Propriétaire page 53

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Except as set forth in an Extended Warranty, for one (1) year from the date of installation, but in no event more than two (2) years from
the date of manufacture, Franklin hereby warrants to the purchaser ("Purchaser") of Franklin's products that, for the applicable war-
ranty period, the products purchased will (i) be free from defects in workmanship and material at the time of shipment, (ii) perform
consistently with samples previously supplied and (iii) conform to the specifications published or agreed to in writing between the pur-
chaser and Franklin. This limited warranty extends only to products purchased directly from Franklin. If a product is purchased other
than from a distributor or directly from Franklin, such product must be installed by a Franklin Certified Installer for this limited warranty
to apply. This limited warranty is not assignable or transferable to any subsequent purchaser or user.
a. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE AND EXCLU-
SIVE REMEDY FOR FRANKLIN'S BREACH OF ITS OBLIGATIONS HEREUNDER, INCLUDING BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY OR OTHERWISE, UNLESS PROVIDED ON THE FACE HEREOF OR IN A WRITTEN INSTRUMENT MADE PART OF THIS LIM-
ITED WARRANTY, SHALL BE FOR THE PURCHASE PRICE PAID TO FRANKLIN FOR THE NONCONFORMING OR DEFECTIVE PRODUCT
OR FOR THE REPAIR OR REPLACEMENT OF NONCONFORMING OR DEFECTIVE PRODUCT, AT FRANKLIN'S ELECTION. ANY FRANK-
LIN PRODUCT WHICH FRANKLIN DETERMINES TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD SHALL BE, AT FRANKLIN'S
SOLE OPTION, REPAIRED, REPLACED, OR A REFUND OF THE PURCHASE PRICE PAID. Some states do not allow limitations on how
long an implied warranty lasts, therefore, the limitations and exclusions relating to the products may not apply.
b. WITHOUT LIMITING THE GENERALITY OF THE EXCLUSIONS OF THIS LIMITED WARRANTY, FRANKLIN SHALL NOT BE LIABLE TO
THE PURCHASER OR ANY THIRD PARTY FOR ANY AND ALL (i) INCIDENTAL EXPENSES OR OTHER CHARGES, COSTS, EXPENSES
(INCLUDING COSTS OF INSPECTION, TESTING, STORAGE, OR TRANSPORTATION) OR (ii) DAMAGES, INCLUDING CONSEQUEN-
TIAL, SPECIAL DAMAGES, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST TIME AND
LOST BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER FRANKLIN IS OR IS SHOWN TO BE AT FAULT, AND REGARDLESS
OF WHETHER THERE IS OR THERE IS SHOWN TO HAVE BEEN A DEFECT IN MATERIALS OR WORKMANSHIP, NEGLIGENCE IN MAN-
UFACTURE OR DESIGN, OR A FAILURE TO WARN.
c.
Franklin's liability arising out of the sale or delivery of its products, or their use, whether based upon warranty contract, negli-
gence, or otherwise, shall not in any case exceed the cost of repair or replacement of the product and, upon expiration of any
applicable warranty period, any and all such liability shall terminate.
d. Without limiting the generality of the exclusions of this limited warranty, Franklin does not warrant the adequacy of any specifica-
tions provided directly or indirectly by a purchaser or that Franklin's products will perform in accordance with such specifications.
This limited warranty does not apply to any products that have been subject to misuse (including use in a manner inconsistent
with the design of the product), abuse, neglect, accident or improper installation or maintenance, or to products that have been
altered or repaired by any person or entity other than Franklin or its authorized representatives.
e. Unless otherwise specified in an Extended Warranty authorized by Franklin for a specific product or product line, this limited war-
ranty does not apply to performance caused by abrasive materials, corrosion due to aggressive conditions or improper voltage
supply.
STANDARD LIMITED WARRANTY
53

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