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Terms and Conditions
HOWELL MOTOR & PUMP warrants to the Purchaser that its motors, pumps, controls variable frequency drives, power transmission products, generators and motor accessories are free from defects in workmanship and materials when operated under normal conditions and in accordance with nameplate characteristic limits. The standard manufacturers warranty applies (see manufacturer warranties). All warranties are provided by the manufacturer. No other warranties expressed or implied.
HOWELL MOTOR & PUMP sole obligation under the foregoing warranties is limited to either, at
HOWELL MOTOR & PUMP option, replacing or repairing defective goods (or defective parts thereof) within the warranty period. HOWELL MOTOR & PUMP shall not be liable under any circumstances, for consequential or incidental damages, including, but not limited to personal injury or labor costs. This warranty does not cover the cost of removal, installation, or re-testing of the new or repaired goods or parts, or any other direct or incidental expenses incurred in shipping the product to or from HOWELL MOTOR & PUMP. Replacement goods or parts are warranted for the remainder of the warranty period applicable to the goods originally supplied by HOWELL MOTOR & PUMP. All claims for allegedly defective goods must be made within 15 days after Purchaser learns of such alleged defects. All claims not made in writing and received by HOWELL MOTOR & PUMP within such 15 day period shall be deemed waived. With prior approval from HOWELL MOTOR & PUMP, Purchaser shall return a sample of the alleged defective part, freight prepaid, for HOWELL MOTOR & PUMP’S inspection, and no other goods shall be returned to HOWELL MOTOR & PUMP’S District Office/Warehouse, nearest factory, or Authorized Service Center without HOWELL MOTOR & PUMP’S written consent. This warranty shall not extend to goods subjected to misuse, abuse, neglect, accident or improper installation or maintenance, incorrect lubrication, incorrect electrical connection, improper power supply, or goods which have been altered or repaired by anyone other than HOWELL MOTOR & PUMP or its authorized representative.
Under no circumstances will HOWELL MOTOR & PUMP be responsible for any expense in connection with any repairs made by anyone other than the factory or an Authorized Service Center, unless such repairs have been specifically authorized in writing.
In the case of motors, drives, gears and reducers manufactured or marketed by HOWELL MOTOR & PUMP, HOWELL MOTOR & PUMP warrants only that such products, when shipped, shall be capable of delivering the service rating as indicated in HOWELL MOTOR & PUMP’S written documents, including quotations and catalogs or as noted on such products, providing such equipment is properly installed, connected, and maintained, correctly lubricated, operating under normal conditions with competent supervision, and within the load limits and voltage range for which it is sold, and provided further that the equipment is free from critical speed, torsional or other type of vibration, no matter how induced.
If any sample was provided to the Purchaser, it was used merely to illustrate the general type and quality of the goods and not to warrant that goods shipped would be of that type or quality.
UNLESS AUTHORIZED IN WRITING BY A CORPORATE OFFICER OR VICE PRESIDENT, NO AGENT, EMPLOYEE OR REPRESENTATIVE OF HOWELL MOTOR & PUMP HAS ANY AUTHORITY TO BIND HOWELL MOTOR & PUMP TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY CONCERNING THE GOODS SOLD UNDER THE SALES CONTRACT AND ANY SUCH AFFIRMATION, REPRESENTATION OR WARRANTY HAS NOT FORMED A PART OF THE BASIS OF THE BARGAIN AND SHALL BE UNENFORCEABLE.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED.
The foregoing is HOWELL MOTOR & PUMP’S only obligation and purchaser’s exclusive remedy for breach of warranty. Purchaser’s failure to submit a claim as provided above shall specifically waive all claims for damages or other relief including but not limited to claims based on latent defects. In no event shall Purchaser be entitled to incidental, consequential, or special damages, nor shall HOWELL MOTOR & PUMP’S liability exceed the purchase price of the goods. Any action arising hereunder or related hereto must be commenced within one (1) year after the cause of action occurs or it shall be barred, notwithstanding any statutory period of limitations to the contrary.
In the event of the resale of any of the goods, in whatever form, Purchaser will include the following language in a conspicuous place and in a conspicuous manner in a written agreement covering such resale: “THE MANUFACTURER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GOODS SOLD HEREUNDER. PURCHASER ACKNOWLEDGES THAT IT ALONE HAS DETERMINED THAT THE GOODS PURCHASED HEREUNDER WILL SUITABLY MEET THE REQUIREMENTS OF THEIR INTENDED USE. IN NO EVENT WILL MANUFACTURER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES.”
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IRONCLAD GUARANTEE ON
ALL MOTORS!!
SEVEN WAREHOUSE LOCATIONS!
Indianapolis, IN
Howell, MI
Allentown, PA
Matthews, NC
Richardson, TX
Anaheim, CA
Schaumburg, IL
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