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Standard Utility Guarantee for evoG4 Electromagnetic Water Meters
<br />(Potable Water Applications)
<br />Scope of Guarantee
<br />This guarantee applies to Elster AMCO Water, Inc. evOQ4 Electromagnetic Water Meters, shipped after April 1, 2008, when
<br />used in potable water under 120°F (50°C), in ambient temperatures not to exceed an average of 86°F (30°C), and in
<br />accordance with Elster AMCO's published Technical Specifications. This guarantee applies exclusively to the original utility
<br />purchaser when product is purchased from either Elster AMCO or an Elster AMCO-authorized distributor ("Business Partner").
<br />Materials and Workmanship
<br />If used and installed as described above, Elster AMCO guarantees product covered by this guarantee to be free from defects
<br />in materials and workmanship for a period of 5 years after shipment by Elster AMCO or its authorized Business Partner.
<br />Claims
<br />Any meter or register covered by this guarantee that fails to meet the terms of the stated guarantee will be repaired or
<br />replaced, at the option of Elster AMCO, without additional charge to the customer. The customer is responsible for removing
<br />the meter or register from service, returning it to the factory service center designated by Elster AMCO, providing a written or
<br />electronic (facsimile or e-mail) claim notice, and for freight costs to and from the service center. Customer is also responsible
<br />for reinstalling repaired or replaced product.
<br />Limits of Liability
<br />This guarantee does not apply to meters or registers damaged by aggressive water conditions, foreign matter in water,
<br />vandalism, negligence, installation not in accordance with Elster AMCO's installation instructions, mis-application or other use
<br />not as described above, acts of God or other conditions beyond the control of Elster AMCO. If a meter is claimed to breach the
<br />accuracy guarantees as stated herein, the customer shall submit a certified copy of the test results at the time the meter is
<br />returned to Elster AMCO. The guarantees as to accuracy shall be void if an examination of the customer's water supply
<br />shows an unusually adverse effect on metering equipment.
<br />Any description of product, whether in writing or made orally by Elster AMCO or its agents, specifications, samples, literature,
<br />models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with any customer's order
<br />are for the sole purpose of identifying product and shall not be construed as an express or implied guarantee. Any
<br />suggestions by Elster AMCO or its agents regarding use, application or suitability of product shall not be construed as an
<br />express or implied guarantee unless confirmed to be such in writing by Elster AMCO.
<br />The laws of the State of Florida, excluding its conflicts of law rules shall exclusively govern this guarantee. If any provision
<br />hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other
<br />provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof
<br />had never existed.
<br />THE FOREGOING EXPRESS GUARANTEE IS IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES WHATSOEVER, WHETHER
<br />EXPRESS, IMPLIED OR STATUTORY (EXCEPT FOR WARRANTY OF TITLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />CUSTOMER'S EXCLUSIVE REMEDY AND ELSTER AMCO'S AND ITS BUSINESS PARTNERS' SOLE LIABILITY ON ANY CLAIM, WHETHER
<br />IN TORT (INCLUDING STRICT LIABILITY), NEGLIGENCE, CONTRACT, WARRANTY OR OTHERWISE, FOR ANY METER OR REGISTER
<br />WHICH FAILS TO MEET THE TERMS OF THE GUARANTEE STATED ABOVE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT AS
<br />DESCRIBED ABOVE. IN NO EVENT SHALL ELSTER AMCO AND/OR ITS BUSINESS PARTNERS BE LIABLE FOR INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF. PROFITS OR REVENUE, LOSS OF USE, COST
<br />OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, DELAYS AND CLAIMS OF
<br />CUSTOMERS OF THE CUSTOMER OR OTHER THIRD PARTIES.
<br />Elster AMCO Water, Inc.
<br />PO Box 1852
<br />Ocala, Florida 34478-1852
<br />® 2008 Elster AMCO Water, Inc. All rights reserved.
<br />evoO,-UG/08-08
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<br />Attachment #2 1�i o •7
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