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I ' to Products
<br />1i BEACON MO"
<br />I
<br />This warranty shall apply to Badger Meter ORIONa series AMR/AMI
<br />Water Endpoints, Endpoint Assemblies, reading hardware, and software
<br />for a BEACON* AMA system, sold on or after May 18, 2017.
<br />ORION series AMR/AMI Water Endpoints include Fixed Network (SE),
<br />Migratable (ME), Classic (CE) and Classic with Data Profiling ICE),
<br />Endpoint Assemblies are Water Endpoints factory -connected to
<br />Badger Meter HR-EO LCD, HR-EO, ADE RTR' encoders.
<br />This warranty is not transferable and is extended only to utilities,
<br />municipalities, other commercial users and authorized distributors,
<br />hereafter referred to as °Customer°and does NOT apply to consumers
<br />or any person or entity who is not an original Customer of Badger Meter
<br />or Its authorized distributors.
<br />MATERIAL, AND WORKMANSHIP
<br />Badger Meter warrants all ORION series AMR/AMI Water Endpoints,
<br />Endpoint Assemblies, reading hardware and software, hereafter
<br />referred to as "Prod uct(s)" as fisted below, to be free from defects in
<br />material and workmanship for the time period stated.
<br />ORION Water Endpoints"
<br />20 years and 6 months after shipment
<br />ORION Endpoint Assemblies'
<br />20 years and 6 months after shipment
<br />PanasonicO ToughpadO Tablet
<br />3 years after shipment
<br />Panasonic Toughbook" Laptop for
<br />3 years after shipment
<br />BEACON AMA Mobile Solution
<br />Trimble' Ranger Handheld' and
<br />3 Years after shipment
<br />Charging Cradle
<br />ORION Mobile Migratable (ME)
<br />Transceiver KIV or Classic ICE)
<br />3 years after shipment
<br />Receiver Kit'
<br />ORION Fixed Network (SE)
<br />1 year after shipment
<br />Gateway Transceiver
<br />1 Water Endpoints, Endpoint Assemlblies. and Endpoint batteries— collectively ORION
<br />Water Endpoint Products —are Warranted to be free From defects in material and
<br />workmanship for twenty (201 years and six (6) months after shipment from
<br />Badger Meter. Badger Meter will repair or replace, at its discretion, a non -performing
<br />ORION Water Endpoint Product at no cost during the first ten (ilt) years, and at a
<br />prorated price during the last ten (10) years of the warranty. Badger Meter will apply
<br />these prorated price discounts to the ORION Water Endpoint Product list prices at the
<br />time of ORION Water Endpoint Product return and according to the following prorated
<br />price discount schedule; Years 11 through 12- 75%discount; "rears 13 through 15-
<br />50% discount; Year 16 - 4096 dlSC0Unt; Year 17 - 30% discount; Year IS - 20% discount;
<br />and Years 19 through 20 - 10% discount. Replacement Products are warranted for and
<br />under the balance of the original applicable Product warranty,
<br />° ORION Water Endpoints. that are sold factory -connected to an E-Series® meter are
<br />warranted per the 20-year proration shown above. Refer to the appropriate E-Series
<br />Ultrasonic Meter Warranty for meter; electronics and battery coverage.
<br />' Batteries, cables and accessories warranty is limited to 12 months from the date
<br />of shipment.
<br />ORI-WR-02406-EN-01 (May 2017)
<br />Product failures must be proven and verified to the satisfaction of
<br />Badger Meter.The Badger Meter obligation hereunder shall be limited
<br />to such repair and replacement and shall be conditioned upon
<br />Badger Meter receiving written notice of any asserted defect within 10
<br />(ten) days after its discovery. This exclusive remedy shall not be deemed
<br />to have failed its essential purpose so long as Badger Meter is willing
<br />and able to replace the defective Product for the Customer within a
<br />reasonable time, after receipt of proof that a defect is involved. Product
<br />returns must be shipped by the Customer prepaid F.O.B. to the nearest
<br />Badger Meter factory or distribution center: The Customer shall be
<br />responsible for all direct and indirect costs associated with removing
<br />the Product and reinstalling the repaired or replacement Product.
<br />LHArrs OF LIABILITY
<br />This warranty shall not apply to any Product repaired or altered by any
<br />Party other than Badger Meter. The foregoing warranty applies only to
<br />the extent that the Product is installed, serviced and operated strictly
<br />In accordance with Badger Meter Instructions. The warranty shall not
<br />apply and shall be void with respect to Products exposed to conditions
<br />other than those detailed in Product technical literature or which have
<br />been subject to vandalism, negligence, accident, acts of God, improper
<br />installation, operation or repair, alteration or other circumstances which
<br />are beyond the reasonable control of Badger Meter. With respect to
<br />products not manufactured by Badger Meter, the warranty obligations
<br />of Badger Meter shall in all respects conform and be limited to the
<br />warranty extended to Badger Meter by the supplier.
<br />THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL
<br />OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER„ INCLUDING
<br />BUT NOT LIMITEDTO IMPLIED WARRANTIES OF MERCHANTABILITY AND
<br />FITNESS FOR A PARTICULAR PURPOSE (except warranties of Title).
<br />Any description of the Product, whether in writing or made orally by
<br />Badger Meter or its agents, specifications, samples, models, bulletins,
<br />drawings, diagrams„ engineering sheets or similar materials used
<br />in connection with any Customer's order are for the sole purpose
<br />of identifying the (Product and shall not be construed as an express
<br />warranty. Any suggestions by (Badger Meter or Its agents regarding
<br />use, application or suitability of the Product shall not be construed as
<br />an express warranty unless confirmed to be such, in writing, by
<br />Badger Meter.
<br />Excllusion of Consequential Datwl,a fees and D°asclalrrierof
<br />Other Liabiillity
<br />The liability of Badger Meter with respect to breaches of the foregoing
<br />warranty shall be limited' as stated herein. Badger Meter"s liability
<br />shall in no event exceed the contract price. BADGER METER SHALL
<br />NOT BE SUBJECTTO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR
<br />LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY,
<br />(2) ANY OBLIGATIONS WHATSOEVER, ARISING FROM TORT CLAIMS
<br />(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER
<br />OTHIERTHEORIES OF LAW WITH RESPECTTO PRODUCTS SOLD OR
<br />SERVICES RENDERED BY BADGER METER, OR ANY UNDERTAKINGS, ACTS
<br />OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL,
<br />INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
<br />Badge r Metier Warranty
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