12 Month Limited Warranty
Remanufacturer’s Pump Twelve Month (1 Year) Limited Prorated Warranty
PUMP & METER SOLUTIONS, INC. (PUMP & METER) warrants its remanufactured pumps to be free of defects in materials and workmanship under normal use and service for a period of one year (12 months) from the original remanufacture date. Remanufacturer’s sole obligation under the foregoing warranty will be limited to either, at remanufacturer’s option, replacing or repairing defective Goods (subject to limitations hereinafter provided) or refunding the prorated purchase price for such Goods theretofore paid by the Buyer, and Buyer’s exclusive remedy for breach of any such warranties will be enforcement of such obligations of Remanufacturer.
Should remanufactured pumps be deemed by Pump & Meter to be non-repairable it will be replaced, or a credit provided for the cost calculated by the following formula: The number of months since the original manufacture date is divided by 12; the result is multiplied by the invoiced price for the meter at the time of purchase. The replacement cost does not include the cost of shipping and any taxes. Warranty claims must be submitted directly to PUMP & METER and include a full description that clearly states the area(s) of claimed failure. If Remanufacturer so requests the return of the Goods, the Goods will be redelivered to Remanufacturer in accordance with Remanufacturer’s instructions F.O.B. Factory. The repaired or replaced pump carries no further expressed or implied warranty.
The remedies contained herein shall constitute the sole recourse of the Buyer against Remanufacturer for breach of warranty. IN NO EVENT SHALL REMANUFACTURING BE LIABLE FOR CONSEQUENTIAL DAMAGES, NOR SHALL REMANUFACTURER’S LIABILITY ON ANY CLAIM FOR DAMAGES ARISING OUT OF THE REMANUFACTURE, SALE, DELIVERY OR USE OF THE GOODS EXCEED
THE PURCHASE PRICE OF THE GOODS. The foregoing warranties will not extend to Goods subjected to misuse, neglect, accident or improper installation or maintenance, or which have been altered or repaired by anyone other than Remanufacturer or its authorized representative.
Buyer agrees to indemnify, defend and hold harmless Remanufacturer, its directors, officers, employees, agents, contractors, representatives, shareholders and affiliates against any loss, damage or liability (including legal costs on a full indemnity basis) which may be sustained or incurred as a consequence of Buyer’s use or misuse of Goods, whether the use of misuse is attributable to Buyer or to some other person using Goods with or without Buyer’s permission. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED. No person may vary the foregoing warranties and remedies except in writing signed by a duly authorized officer of Remanufacturer. Warranties or remedies that differ from the foregoing shall not otherwise be binding on Remanufacturer. The Buyer’s acceptance of delivery of the Goods constitutes acceptance of the foregoing warranties and remedies, and all conditions and limitations thereof.
The validity, construction and enforcement of, and the remedies under, this limited warranty shall be governed by the laws of the State of Indiana. Jurisdiction and venue shall properly lie exclusively in the State of Indiana, in and for Hamilton County, Indiana, with respect to any legal proceedings arising from this limited, prorated warranty or use of the products.
Written claim and meters should be sent to:
PUMP & METER SOLUTIONS, Inc.
6660 E. 266th Street, Suite 100
Arcadia, IN 46030