Scope of Warranty
This warranty applies exclusively to Infinity Metering Turbine Meters and direct read registers purchased therewith manufactured after July 1, 2007, when used in potable water below 120° F in accordance with Infinity Metering’s published Technical Specifications and when installed in accordance with Infinity Metering’s published installation instructions, both as in effect as of the date of Infinity Metering’s shipment of the product. This warranty applies exclusively to the original utility purchaser when product is purchased from either Infinity Metering or an Infinity Metering authorized distributor (“authorized distributor”).
Materials and Workmanship
If used and installed as described above, Infinity Metering guarantees product covered by this warranty to be free from defects in materials and workmanship for a period of 12 months after installation or 18 months after shipment by Infinity Metering or it authorized distributors, whichever occurs first.
Case Integrity
If used and installed as described above, Infinity Metering guarantees that the main cases of product covered by this warranty will retain their structural integrity of a period of 1 year from date of shipment by Infinity Metering or its authorized distributor.
Register Functionality
If used and installed as described above, Infinity Metering guarantees that direct read registers purchased with turbine meters will function for 10 years from date of manufacture.
Meter Accuracy
If used and installed as described above, Infinity Metering guarantees that turbine meters covered by this warranty will meet or exceed AWWA accuracy standards, per AWWA specification C701-02, for 2 years from date of shipment by Infinity Metering or its authorized distributors.
Claims
Any meter or register covered by this warranty that fails to meet the terms of the stated warranty will be repaired or replaced, at the option of Infinity Metering, without additional charge to the customer. The customer is responsible for removing the meter or register from service, returning it to the factory service center designated by Infinity Metering, providing a written or electronic (facsimile or e-mail) claim notice, and for freight costs to and from the service center. Customer is also responsible for reinstalling repaired or replaced product.
Limits of Liability
This warranty does not apply to meters or registers damaged by aggressive water conditions, foreign matter in water, vandalism, negligence, installation not in accordance with Infinity Metering’s installation instructions, mis-application or other use not as described above, acts of God or other conditions beyond the control of Infinity Metering. If a meter is claimed to breach the accuracy guarantees as stated herein, the customer shall submit a certified copy of the test results at the time the meter is returned to Infinity Metering. The guarantees as to accuracy shall be void if an examination of the customer’s water supply shows an unusually adverse effect on metering equipment. Any description of product, whether in writing or made orally by Infinity Metering or its agents, specifications, samples, literature, 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 or implied guarantee. Any suggestions by Infinity Metering or its agents regarding use, application or suitability of product shall not be construed as an express or implied guarantee unless confirmed to be such in writing by Infinity Metering.
The laws of the State of Oklahoma, excluding its conflicts of law rules shall exclusively govern this warranty. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed.
THE FOREGOING EXPRESS GUARANTEE IS IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY (EXCEPT FOR WARRANTY OF TITLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S EXCLUSIVE REMEDY AND INFINITY METERING’S AND ITS AUTHORIZED DISTRIBUTORS’ SOLE LIABILITY ON ANY CLAIM, WHETHER IN TORT (INCLUDING STRICT LIABILITY), NEGLIGENCE, CONTRACT, WARRANTY OR OTHERWISE, FOR ANY METER OR REGISTER WHICH FAILS TO MEET THE TERMS OF THE GUARANTEE STATED ABOVE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED ABOVE. IN NO EVENT SHALL INFINITY METERING AND/OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, DELAYS AND CLAIMS OF CUSTOMERS OF THE CUSTOMER OR OTHER THIRD PARTIES. |
