Warranty & Limited Liability

Max Machinery, Inc. (“Seller”) warrants to the original purchaser (“Purchaser”) only, that all equipment or products purchased from Seller by Purchaser shall be free from defects in materials and workmanship in normal service for a period of twelve (12) months from the date of shipment. Seller’s obligation under this limited warranty shall be limited to replacing or repairing the part or parts, or, at Seller’s sole discretion, the products, which prove defective in material or workmanship, subject to the terms and conditions set forth below.

The following are the terms and conditions of Seller’s limited warranty:

  1. Purchaser will give prompt notice to Seller of any defect or failure, and satisfactory proof thereof, via telephone at (707) 433-2662, or via Seller’s contact form at http://www.maxmachinery.com/contact-max-precision-flow-meters.
  2. Products are not to be returned to Seller without Purchaser first submitting a service request and obtaining a product-evaluation quote number from Seller’s website form found at http://www.maxmachinery.com/service-request
  3. Purchaser will prepay all freight charges to return any products to Seller’s factory.
  4. Seller will deliver repaired products or replacements for defective parts or products to Purchaser (ground freight prepaid) at the destination provided in the original order.
  5. This limited warranty covers all defects encountered in normal use of Seller’s products only, and does not apply to the following cases:
    1. Disassembly of the meter.
    2. Failure to install recommended filtration.
    3. Chemically incompatible fluids passed through the meter.
    4. Loss of or damage to product due to tampering with, abuse, misuse, mishandling, or improper packaging or installation of products by Purchaser.
    5. Failure to follow operating, maintenance, or environmental instructions prescribed in the instruction manual.
    6. Products not used for their intended purpose.
    7. Corrective work necessitated by repairs or work done to the products by anyone other than Seller.
    8. Corrective work necessitated by equipment or accessories not manufactured by Seller.

Seller reserves the right to deny any warranty claims for meters in which the measured process fluids that in any residual quantity may be harmful (regardless of SDS or MSDS statements) to employees or cause damage to Seller’s equipment and facilities.

Software – Seller grants Purchaser a non-exclusive license to use Seller’s software, according to the following terms and conditions:

  1. Purchaser may install the software on one or more desktop or laptop computers for the purpose of using the products in accordance with Seller’s instructions only.
  2. All title and proprietary rights to the software are owned by and shall remain under the ownership of Seller.
  3. No copies may be made or distributed except as expressly set forth herein.
  4. Purchaser may not modify, tamper with, or reverse-engineer the software.

THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NO IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHER EXPRESS WARRANTY OR GUARANTY, EXCEPT AS MENTIONED ABOVE, GIVEN BY ANY PERSON OR ENTITY WITH RESPECT TO THE PRODUCTS, SHALL BIND SELLER. SELLER SHALL NOT BE LIABLE FOR LOSS OF REVENUES, OR PROFITS, OR INCONVENIENCES, EXPENSE FOR SUBSTITUTE EQUIPMENT OR SERVICE, STORAGE CHARGES, LOSS OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE CAUSED BY THE USE OR MISUSE OF, OR INABILITY TO USE THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RECOVERY OF ANY KIND AGAINST SELLER BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY SELLER CAUSING THE ALLEGED DAMAGE. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK OF LIABILITY FOR LOSS, DAMAGE, OR INJURY TO PURCHASER AND PURCHASER’S  PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF USE OR MISUSE OF, OR INABILITY TO USE THE PRODUCTS NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF SELLER. WITHIN THE UNITED STATES OF AMERICA, SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY. SIMILARLY, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF CONSEQUENTIAL DAMAGE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS; HOWEVER, PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. IF A COURT OF LAW HOLDS ANY PROVISION HEREIN TO BE ILLEGAL, INVALID OR UNENFORCEABLE, (A) THAT PROVISION SHALL BE DEEMED AMENDED TO ACHIEVE AN ECONOMIC EFFECT THAT IS AS NEAR AS POSSIBLE TO THAT PROVIDED BY THE ORIGINAL PROVISION, AND (B) THE LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS HEREIN SHALL NOT BE AFFECTED THEREBY.

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