GALAXY® Water Products
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Badger Meter Warranty GALAXY® Water Products PRODUCTS COVERED This warranty shall apply to all Badger Meter GALAXY series AMI water endpoints, reading hardware and software sold on or after March 1, 2012. This warranty is extended only to utilities, municipalities, other commercial users and authorized Badger Meter, Inc. distributors, hereafter referred to as “Customer” and does NOT apply to consumers or any person or entity who is not an original customer of Badger Meter or its authorized distributors. This warranty shall not apply to any Product repaired or altered by any party other than Badger Meter. The foregoing warranty applies only to the extent that the Product is installed, serviced and operated strictly in accordance with Badger Meter instructions. The warranty shall not apply and shall be void with respect to a Product exposed to conditions other than those detailed in Product technical literature and Installation and Operation Manuals (IOMs), or which have been subject to vandalism, negligence, accident, acts of God, improper installation, operation or repair, alteration, or other circumstances which are beyond the reasonable control of Badger Meter. With respect to products not manufactured by Badger Meter, the warranty obligations of Badger Meter shall in all respects conform and be limited to the warranty extended to Badger Meter by the supplier. MATERIALS AND WORKMANSHIP Badger Meter warrants all GALAXY water products, hereafter referred to as “Products” as listed below, to be free from defects in material and workmanship for the time period stated below. GALAXY Endpoint for Water Meters GALAXY Permalog+ Acoustic Leak Logger GALAXY Gateway Receiver Trimble® Ranger™ Handheld and Charging Cradle ReadCenter® Reading Data Management Software *Badger Meter warrants endpoints and endpoint batteries (collectively GALAXY endpoint Products) to be free from defects in material and workmanship for 20 years. Badger Meter will repair or replace, at its discretion, a non-performing GALAXY endpoint Product at no cost during the first ten (10) years, and at a prorated price during the last ten (10) years of the warranty. Badger Meter will apply these prorated price discounts to GALAXY endpoint Product list prices in effect at the time of GALAXY endpoint Product return and according to the following prorated price discount schedule: Years 11 through 12 – 75% discount; Years 13 through 15 – 50% discount; Year 16 – 40% discount; Year 17 – 30% discount; Year 18 – 20% discount; and Years 19 through 20 – 10% discount. PRODUCT RETURNS Product failures must be proven and verified to the satisfaction of Badger Meter. The Badger Meter obligation hereunder shall be limited to such repair and replacement and shall be conditioned upon Badger Meter receiving written notice of any asserted defect within 10 (ten) days after its discovery. This exclusive remedy shall not be deemed to have failed its essential purpose so long as Badger Meter is willing and able to replace the defective Product for the Customer within a reasonable time, after receipt of proof that a defect is involved. Product returns must be shipped by the Customer prepaid F.O.B. to the nearest Badger Meter factory or distribution center. The Customer shall be responsible for all direct and indirect costs associated with removing the Product and reinstalling the repaired or replacement 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 the Product, whether in writing or made orally by Badger Meter 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 identification of the Product and shall not be construed as an express warranty. Any suggestions by Badger Meter or its agents regarding the use, application or suitability of the Product shall not be construed as an express warranty unless confirmed to be such, in writing, by Badger Meter. Exclusion of Consequential Damages and Disclaimer of Other Liability Badger Meter liability with respect to breaches of the foregoing warranty shall be limited as stated therein. Badger Meter liability shall in no event exceed the contract price. BADGER METER 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 BADGER METER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. Badger Meter Warranty

GALAXY is a registered trademark of Badger Meter, Inc. Other trademarks appearing in this document are the property of their respective entities. Due to continuous research, product improvements and enhancements, Badger Meter reserves the right to change product or system specifications without notice, except to the extent an outstanding contractual obligation exists. © 2012 Badger Meter, Inc. All rights reserved. www.badgermeter.com The Americas | Badger Meter | 4545 West Brown Deer Rd | PO Box 245036 | Milwaukee, WI 53224-9536 | 800-876-3837 | 414-355-0400 México | Badger Meter de las...