Subject to the warranty limitation set forth in Section 7, Seller warrants that the Goods sold hereunder will substantially conform to Seller’s published specifications and will be free from defects in material and workmanship under normal and proper use and service. For pump drive units and controller electronics, the applicable “Warranty Period” for the above stated express warranty shall be two (2) years after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For sensors, the applicable “Warranty Period” for the above stated express warranty shall be six (6) months after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For all other Goods and for systems, the applicable “Warranty Period” for Goods and system components covered by Seller’s above stated express warranty shall be one (1) year after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. Extended warranty periods (“Extended Warranty Plans”) may be purchased separately from Seller to extend the Warranty Periods set forth above. Subject to availability, upon payment in full for such Extended Warranty Plans, the Warranty Periods hereunder shall be extended in accordance with Seller’s applicable Extended Warranty Plans, subject to all applicable terms and conditions. Subject to the warranty limitation set forth in Section 7, Seller warrants for the Services Warranty Period that it has performed such Services hereunder using personnel of required skill, experience and qualifications and in a professional manner. Purchaser shall notify Seller in writing during the Services Warranty Period of any alleged failure of the Services to conform to the limited warranty for Services set forth herein. Any failure to properly and timely notify Seller hereunder of an alleged failure of the Services to conform to the limited warranty for Services set forth herein shall be deemed to be a waiver by Purchaser of any rights under such limited warranty. Drawings, functional specifications, formal submittals and any other requirements documents prepared by Seller and approved by Purchaser shall be deemed the correct interpretations of the Services to be performed even if inconsistent with other, conflicting plans and specifications, whether prepared by Seller, Purchaser or otherwise. Upon resale, Purchaser agrees to extend to its customers no greater warranties, and limit its liability and remedies to the same extent, as those set forth herein.
The warranty and remedies for breach of warranty provided for in these General Conditions extend only to the original end-user’s production use of Products and do not cover, and Seller shall not be liable for, (i) Third-party products provided/specified by Purchaser, and any other third-party products expressly identified as such, are specifically excluded from Seller’s warranty set forth herein. Seller’s sole and exclusive warranty liability, responsibility and obligation with respect to such third-party product is to use all commercially reasonable efforts to pass through to Purchaser any applicable warranties provided by the sellers of such third-party products, if any, (ii) Products returned contaminated by chemicals or other substance, (iii) abnormal wear and tear or damage caused by installation, maintenance, or use which is improper or contrary to the instructions published by Seller, (iv) storage of Products in a wet or damp area or unprotected from weather and other job conditions, (v) any cause beyond the control of Seller, including without limitation conditions caused by movement, settlement or structural defects of the environment in which the Goods are installed or the Services are provided, fire, wind, hail, flood, lightning or other acts of God, any conditions related to, or caused by, failure to process or inaccurate processing of time-sensitive information and/or mechanisms, intentional acts, accidents, negligence or exposure to harmful chemicals, pollutants or other foreign matter or energy, (vi) repair or damage caused by anyone except personnel authorized by Seller, or (vii) any damage to the finish of the Products after they leave Seller's facility. Goods repaired or replaced and designs corrected under warranty are warranted until: (a) the expiration of the original warranty period; or (b) ninety (90) days from the date Purchaser receives the repaired or replaced item, whichever is later in time. Subject to the limited warranty for Services set forth in Section 6 of these General Conditions and Purchaser’s obligation to timely notify Seller of allegedly defective Services during the Services Warranty Period, Services provided hereunder are provided on an as-is, where is basis with no other warranty whatsoever. All Product literature is for illustrative purposes only and does not contain a warranty of any kind. Seller's advice relating to the technical usage of the Products or the intellectual property rights of others, whether provided orally or in writing or through the provision of test results, is given in accordance with Seller's best knowledge at that time, but shall at all times be deemed to be non-binding. Such advice does not relieve Purchaser from the obligation, and Purchaser accepts full responsibility, to confirm for himself the suitability of the Products for the intended purpose(s). THE WARRANTY SET FORTH IN SECTION 6 IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR, FITNESS FOR A PARTICULAR PURPOSE AND, WITH RESPECT TO THE PROVISION OF SERVICES, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OR WARRANTY OF TITLE.
Purchaser's sole and exclusive remedy, and Seller's only obligation for breach of warranty with respect to Goods hereunder, shall be, at Seller's option in its sole discretion, to (i) repair or replace the defective Goods (other than Goods sold as systems (or skids)) which fails within the applicable Warranty Period, free of charge, provided that Purchaser promptly notifies Seller of such failure and, after receipt of prior written authorization from Seller, returns such Goods to the place requested by Seller, freight prepaid, and thereupon Seller finds such to be defective; or (ii) with respect to Goods that were sold as systems (or skids), repair or replacement of defective Goods which fall within the applicable Warranty Period, free of charge, provided that Purchaser (A) promptly notifies Seller of such failure; (B) properly prepares the Goods for service (including without limitation ensuring that the Goods to be inspected/serviced are not pressurized, flushing such Goods of all substances, and such other preparation as Seller may reasonably specify); and (C) make such Goods available for inspection and/or service by Seller’s designated service provider in a safe work environment (and permit access to such environment) that is appropriate for the work to be performed. Seller reserves the right to charge Purchaser for travel and service time for on-site service technicians in the event Purchaser fails to meet its commitments above. Without limiting the above, Seller may, at its own cost and expense, decide to uninstall and remove the system/skid in question to Seller’s designated facility for inspection and/or repair. In such cases, Seller shall also, at its own expense, return the repaired or replaced system/skid to Purchaser’s site and install such system/skid. Seller’s obligations with respect to breach of warranty with respect to Goods are strictly limited to repair, or replacement as stated above. Except as may be otherwise specifically agreed in writing in Seller’s quotation or similar written document issued by Seller, Purchaser must pay all other costs related to repair or replacement of Goods under warranty, including removal, installation or reinstallation costs. In the event that Purchaser properly and timely notifies Seller during the Services Warranty Period that Services do not meet the limited warranty for Services set forth in Section 6 of these General Conditions and Seller verifies the same, Seller shall, in its sole discretion, either repair or re-perform any Services (or the defective portion thereof) or credit or refund the price of such Services, AND SUCH REMEDIES AS ELECTED BY SELLER SHALL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY FOR SERVICES SET FORTH IN SECTION 6 OF THESE GENERAL CONDITIONS. Seller's personnel must be granted access to inspect, repair and/or replace the Products claimed to be defective at the site of their installation or use.
Return Goods Authorization
All returns, whether under warranty or otherwise, are subject to Seller’s required return goods authorization (“RGA”) process. No Products will be accepted for return unless Purchaser has fulfilled/met all applicable RGA requirements as set forth below: (i) Purchaser must certify that all Goods to be returned to Seller (whether under warranty or otherwise) are certified “Contaminate-Free”. Prior to returning any Goods, Purchaser must contact Seller to obtain Seller’s “Contaminate-Free Certification” form and complete, sign and return such certification form assuring Seller that Goods to be returned are not contaminated with chemical agents. Such Contaminate-Free Certification must accompany returned Goods; (ii) Any Goods returned, or to be returned, for repair under warranty are subject to Seller’s verification that such return under warranty is (a) within the applicable Warranty Period; and (b) eligible for warranty repair subject to the warranty limitations set forth in Section 7 above; (iii) Any Goods returned for credit in accordance with Section 5 above (excluding Goods for which credit is issued by Seller as remedy for breach of warranty) must be returned unused, in good condition, and, in Seller’s sole discretion, in restockable and resaleable condition; (iv) In the event any Goods that are returned to Seller without meeting all of the applicable requirements set forth in this Section 9, Seller shall contact Purchaser and attempt to resolve any issues in good faith using commercially reasonable measures; provided, however Seller reserves the right, at any time and in Seller’s sole discretion, to send any such non-compliant return Goods back to Purchaser, at Purchaser’s sole cost, expense and risk; and (v) Purchaser agrees that Seller’s decisions on the RGA matters set forth in this Section 9 are final and binding.
ProMinent Fluid Controls’ complete Terms and Conditions can be found at the following link: Terms and Conditions