This warranty shall apply to all Resource Monitor meter sizes and models. This warranty is not transferable and is extended only to utilities, municipalities, other commercial users, and authorized distributors, hereafter referred to as “Customer,” and does NOT apply to consumers or any person or entity who is not an original customer of Resource Monitor or its authorized distributors.
Resource Monitor warrants the Product to be free from defects in materials and workmanship appearing within one (1) year after shipment from Resource Monitor.
Any Product proved to the satisfaction of Resource Monitor to have failed the foregoing warranties will, at the option of Resource Monitor, be repaired or replaced without charge to the Customer. Any eligible Product repaired or replaced by Resource Monitor will retain the original Product’s warranty based on the original Product purchase date, at Resource Monitor sole discretion. The Resource Monitor obligation hereunder shall be limited to such repair and replacement and shall be conditioned upon Resource Monitor receiving written notice of any alleged defect within ten (10) days after its discovery. This exclusive remedy shall not be deemed to have failed its essential purpose so long as Resource Monitor is willing and able to replace defective products or issue a credit to the purchaser within a reasonable time of proof to Resource Monitor that a defect is involved. Product returns must be shipped by the Customer prepaid F.O.B. to the nearest Resource Monitor office or distribution center. The Customer shall be responsible for all direct and indirect costs associated with removing the original Product and reinstalling the repaired or replacement Product.
LIMITS OF LIABILITY
This warranty shall not apply to Products repaired or altered by parties other than Resource Monitor or read by equipment not explicitly approved or licensed by Resource Monitor. The foregoing warranty applies only to the extent that the Product is installed, serviced, and operated strictly following the Resource Monitor Manual, as applicable. The warranty shall not apply and shall be void for Product exposed to conditions other than those detailed in the Resource Monitor Product technical and/or operational literature, or which, as determined at Resource Monitor sole discretion, have affected the ability of the Product to perform, including, but not limited to: exposure to adverse installation conditions; misuse; vandalism; negligence; accident; acts of God; alteration; improper installation, operation or repair; damage from the passage of high-speed air slugs; damage by water quality conditions, including but not limited to: aggressive water, foreign matter, biofilms, or extreme corrosivity; damage caused by actions, not in accordance with the intended use; or other circumstances which are beyond the reasonable control of Resource Monitor, as determined at Resource Monitor sole discretion. With respect to products not manufactured by Resource Monitor, the warranty obligations of Resource Monitor shall in all respects conform and be limited to the warranty extended to Resource Monitor by the supplier of the product.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (except warranties of Title).
Any description of Product, whether in writing or made orally by Resource Monitor or its agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with any Customer’s order are for the sole purpose of identifying Product and shall not be construed as an express warranty. Any suggestions by Resource Monitor or its agents regarding the use, application, or suitability of Product shall not be construed as an express warranty unless confirmed to be such in writing by Resource Monitor.
Exclusion of Consequential Damages and Disclaimer of Other Liability
Resource Monitor liability with respect to breaches of the foregoing warranty shall be limited as stated therein. Resource Monitor liability shall in no event exceed the contract price.
RESOURCE MONITOR SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY RESOURCE MONITOR, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.