NATIONAL PUMP COMPANY
Subject to the terms and conditions set forth below, NATIONAL
PUMP COMPANY ("National") warrants that its manufactured equipment is
free from defects in workmanship and materials USING ITS SPECIFICATIONS AS A
STANDARD. This warranty does not extend to anyone except the first purchaser to
whom the goods are shipped from National.
National's obligation under this warranty is expressly
limited to replacing or reparing, free of charge, F.O.B. point of manufacture,
any defective part or parts of its manufactured equipment; however, NATIONAL
SHALL HAVE NO SUCH LIABILITY EXCEPT WHERE IT IS SHOWN TO THE SATISFACTION OF
NATIONAL THAT THE DAMAGE OR CLAIM RESULTED FROM BREACH OF THIS WARRANTY. All
parts claimed defective must be delivered to National at its factory or any
factory branch, freight or express thereon PREPAID.
Every claim under this warranty SHALL BE DEEMED WAIVED UNLESS
MADE IN WRITING AND RECEIVED BY NATIONAL WITHIN THIRTY (30) DAYS OF THE DATE THE
DEFECT WAS DISCOVERED OR SHALL HAVE BEEN DISCOVERED, and within one year of the
date of installation. The installation date must be within six months of the
date the pump was purchased from National.
This Warranty does not cover those parts of the manufactured
equipment which are not manufactured by National except to extend to the
purchaser the same warranty, if any which is given to National by the
manufacturers of said parts.
National makes no other representation of warranty of any kind,
express or implied, in fact or in law, including without limitation, the
warranty of merchantability or the warranty of fitness for a particular
purchase, other than the limited warranty set forth herein. In no event shall
National be liable for any consequential or incidental damages resulting
directly or indirectly from the use or loss of use of the manufactured
equipment. National shall not be liable for any alleged negligence, breach of
warranty, strict liability, or any other theory other than the limited liability
set forth herein.
THIS WARRANTY CONTAINS THE ENTIRE WARRANTY RELATING TO THE
MANUFACTURED GOODS OF NATIONAL, AND NO CONDUCT, ORAL STATEMENTS OR
REPRESENTATIONS NOT CONTAINED IN THIS WARRANTY SHALL HAVE ANY FORCE OR EFFECT OR
BE DEEMED A WAIVER THEREOF, THIS WARRANTY SHALL NOT BE MODIFIED IN ANY WAY
EXCEPT IF IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NATIONAL.
This Warranty, and any liability of National hereunder, shall be
governed by, construed, and enforced in accordance with the laws of the State of
Arizona.
