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(W 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 /> (W 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. s'a
<br /> Box 1852
<br /> Ocala,
<br /> ®.� +
<br /> Ocala,Florida 34478-1852
<br /> (W ®2008 Elster AMCO Water,Inc. All rights reserved.
<br /> evoQ,-UG/08-08 elster
<br /> Attachment#2 1�i o •7
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