WARRANTY AND LIMITATION OF LIABILITY
Seller warrants for a period of eighteen (18) months from date of shipment from its factory or one (1) year from date of installation, whichever occurs first, that all Products furnished by it are free from defects in materials and workmanship.
Seller's liability for any breach of this Warranty shall be limited solely to replacement or repair, at the sole option of Seller, of any part or parts found to be defective during the Warranty period providing the Product is properly installed and is being used as originally intended. Buyer must notify Seller of any breach of this Warranty within the aforementioned Warranty period; defective parts must be shipped by Buyer to Seller, transportation charges prepaid.
IT IS EXPRESSLY AGREED THAT THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MANUFACTURE, SALE, USE OR REPAIR OF THE PRODUCT WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT WILL LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT.
THE WARRANTY AND LIMITS OF LIABILITY CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS WARRANTY.
Seller neither assumes, nor authorizes any person to assume for it, any other Warranty obligation in connection with the sale of the Product. This Warranty shall not apply to any Product or parts of Products which (a) have been repaired or altered outside of Seller's facilities; or (b) have been modified or damaged through misuse, abuse, accident, neglect or mishandling by Purchaser or Purchaser's customer, erroneous voltage, modification, acts of God, or any other act not specifically stated; or (c) have been used in a manner contrary to Seller's instructions.
Products covered by this warranty are for the intended uses as described in the corresponding seller's instructions. Before using for any other application, user shall determine the suitability of the product for its intended use and user assumes all risk and liability in connection therewith.
No oral statement made by the seller, its agents, employees, or other representatives, concerning the product, its value, description, condition, design, specifications, performance, capability, durability, adaptability, or accuracy, shall be relied upon by the purchaser and is specifically and expressly excluded and invalidated as the basis for any bargain or warranty.
In the case of Products not manufactured by Seller, there is no Warranty from Seller, but Seller will extend to the Buyer any Warranty of Seller's supplier of such Products.
Limited Warranty of Cast Iron Receivers
A Shipco® cast iron receiver is under warranty for 20 years from date of shipment against corrosion failure when installed according to the manufacturer's recommendations. In the event of failure due to corrosion, Shipco® will replace the cast iron receiver free of charge. Transportation charge will be pre-paid to any location within the continental U.S.A., Canada, or Mexico.
All other indirect or consequential charges, including labor charges for replacing the cast iron receiver, are disallowed. Shippensburg Pump Co., Inc. hereby disclaims all implied warranties of merchantability and fitness for a particular purpose.